A case study highlighting the need for non-claims indemnity for junior doctors, by Dr. Brian Charles BSc. MBBS MSc. DM (Emerg. Med), SCM.
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It is common knowledge that, despite the best training, academic prowess, and extensive clinical exposure, things can and will go wrong.
Junior doctors are sometimes faced with the daunting task of seeking support when unintentional events occur during their careers.
In the Caribbean, junior doctors, whether in internship or specialty training, are usually employed in institutions that provide coverage for clinical mishaps. However, it is not usually the practice for such institutions to extend similar protection for non-clinical events, leaving doctors vulnerable and often having to fend for themselves.
This real case illustrates how Medical Protection’s non-claims indemnity can provide crucial support to doctors working within institutional settings.
Case example: “What should I do?”
During the COVID-19 pandemic, a second-year resident in a medical department was referred a 32-year-old male patient, COVID-positive and in respiratory distress, from the Emergency Department. Under normal circumstances, this patient would have been admitted to the Intensive Care Unit (ICU).
However, the resident decided not to admit the patient to ICU, opting instead to reserve the single available ICU bed for another critically ill patient who was likely COVID-negative. Unfortunately, the patient died in the Emergency Department’s isolation area without receiving intensive care.
The patient’s family subsequently filed a claim against both the doctor and the hospital. This claim was eventually dismissed, given the exceptional circumstances of the pandemic and the hospital’s defence through its legal team.
However, the matter did not end there. The family later filed a disciplinary complaint with the Medical Council, questioning the doctor’s fitness to practice. To make matters worse, details of the case were leaked to the press.
While the hospital defended the initial clinical negligence claim, they did not provide support for the disciplinary proceedings. The resident found himself asking, “What should I do?”
Left to face the Medical Council inquiry alone, he was forced to seek private legal representation at his own expense.
Medical Protection and non-claims indemnity
Not all professional challenges stem from clinical practice. Doctors may face non-clinical related issues such as:
- Medical Council disciplinary hearings
- Coroners’ inquests
- Press intrusion or reputational matters
- Ethical or professional conduct investigations
In such cases, Medical Protection’s non-claims indemnity provides members with expert legal representation, professional advice, and emotional support.
For junior doctors, especially those in institutions that already provide coverage for clinical negligence but nothing beyond that, this service is invaluable.
The uncertainty and stress of navigating a disciplinary process or media scrutiny alone can be overwhelming. Having a single agency to manage these aspects on your behalf, from preparing formal responses and obtaining legal counsel to ensuring fair representation, offers peace of mind and practical protection.
When considering the risk versus benefit, particularly in light of potential financial and reputational costs, the value of non-claims indemnity becomes clear. In essence, having this safeguard in place is not just sensible, it is essential.
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Next article: Coverage beyond measure: Comprehensive protection leads to peace of mind
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