Why be indemnified?

Many doctors employed by public hospitals believe that, in the event of a claim or professional investigation against them, the hospital will provide all their indemnity and professional needs.

Unfortunately this is not the case.

If you are an employee of a public hospital*, and the healthcare service you provided was part of your duties at that public hospital, usually the hospital would be liable to pay any damages awarded. (You should always check your indemnity status directly with the employing public hospital concerned.)

However, if the healthcare service you provided was provided outside your hospital duties, the public hospital usually will not indemnify you for the payment of any damages.

There are situations in which you need to rely on MIPS for assistance, advice and indemnity, including:

• Professional disputes with your employing hospital
• Medical Practitioners Board complaints
• Coroner’s inquests
• Health Services Commission matters
• General assistance and medico-legal advice on issues
• Proof of indemnity for registration purposes
• Good Samaritan cover
• Indemnity for locum shifts or other non-employer indemnified practice.

Professional issues with your employer

If a complaint is made against you as a medical practitioner, whether you are an employee or otherwise (e.g. independent contractor), the public hospital usually will not assist you. 

Professional complaints are usually made to the Medical Board or to a Complaints Commission. They can also be made to the Anti-Discrimination Board or the Privacy Commissioner. Complaints can arise as part of a police or coronial investigation. They can be made by a patient, a patient’s relative, or by a professional colleague. 

When professional issues arise, MIPS members can apply directly to MIPS for assistance.