Case Study: Good Samaritan Shortfall

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A RMO1 regularly played football with his local team. One of his team mates was tackled heavily. He complained of a sore wrist after the match and asked his doctor friend to look at it. The doctor advised that he didn’t think any boney injury had occurred, and that it would probably settle over the next four to six weeks.  As a result of this medical advice, the friend delayed seeking x-ray for another six weeks. At that time, the fractured scaphoid was diagnosed. It went on to non-union. The friend became very angry and threatened to sue. The Public Hospital declined to provide any assistance, as this did not occur as part of his hospital duties.

The RMO, who was not a member of MIPS, contacted us to see if MIPS would pay out the claim for him if he joined us. It was explained to the prospective member that “just like you can’t insure a house once it burns down, you cannot retrospectively take out insurance for a medical event once that adverse event becomes known”.

Public Hospital doctors providing any services outside their hospital employment are strongly advised to select a category of membership that allows such services. They should not select Category 68 - No Private Practice if they wish to be indemnified for those outside services, whether those services are gratuitous or not.  

Last revised: December 2007

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