QUESTIONS AND ANSWERS

Yes. In the unlikely event that you are sued as a result of a Good Samaritan act, you can apply for assistance from Medical Protection, no matter where in the world the action is brought.

 

Members who retire, take a career break or who otherwise stop practising medicine voluntarily - either temporarily or permanently (excluding holidays), can request to retain Medical Protection membership in the retired/deferred category.

As a retired or deferred member with occurrence-based protection, you pay no subscription, still receive the Medical Protection journal, Casebook, and our Annual Report and Accounts, and can apply for Medical Protection assistance with any medicolegal problems arising from a “Good Samaritan act”.

However, if you decide to leave Medical Protection, then you will not be entitled to any assistance in relation to a Good Samaritan act if the incident occurs after your membership has ended. You must also inform us before you resume practice, so that we can ensure you are placed in the correct category of membership.

Members with claims-made protection should contact us to find out how a break will affect their membership.

If you are employed by the state, and treat patients in a state facility, then the state provides indemnity against claims arising from your professional practice.

State indemnity will only cover the financial consequences of a claim for clinical negligence. Its purpose is to ensure public patients are compensated if they suffer harm, rather than protect you or your professional interests.

However, it does not extend to assistance for:

• internal complaints and disciplinaries related to your clinical practice
• inquests
• HPCSA investigations
• criminal allegations arising from the provision of clinical care.

As a Medical Protection member you would however be entitled to request assistance in these circumstances.

We can also help members by advising them on how best to protect themselves in their professional practice, assisting in preparing and checking reports for the State Attorney and providing assistance with media relations to help protect their reputation.

Additional benefits include, but are not limited to, free communication skills and risk management workshops, verifiable CPD and CEU, emergency medicolegal advice available 24/7, and support and assistance for Good Samaritan acts.

More information about Medical Protection membership for state-indemnified professionals can be found here. 

Medical Protection regards providing an expert opinion as an integral part of professional practice. As with all aspects of professional practice it is essential that you act within the limits of your own expertise.

Medical Protection has assisted many members with claims arising out of the provision of an expert opinion and considers these in the same way as any other claim in negligence against a member.

Please contact us to check that you are paying the correct subscription to reflect your medicolegal practice.

If you are concerned about any issue or incident which has occurred in your capacity as a doctor or other healthcare worker, we would encourage you to get in touch immediately by calling our medicolegal advice line. There is no stigma attached to seeking guidance or support, and we would rather you asked for help in time to avoid a problem instead of waiting and hoping for the best, only to find yourself in greater difficulties later. 

Medical Protection occurrence-based protection will respond to claims brought against you, even after your membership has ended and your subscription payment has ceased, as long as the alleged incident happened during the period of your Medical Protection membership and you were in the appropriate membership category at the time the incident occurred.

For Medical Protection claims-made protection, this would require you to purchase extended reporting benefits (ERBs) from Medical Protection, to enable you to report an incident you only became aware of after your claims-made protection membership ends. Alternatively, if you continue to practice after ceasing Medical Protection membership, you may be able to make arrangements with your new provider to allow you to report the incident to them.