Practitioner indemnity

When you start to review and compare indemnity policies it can become complex very quickly. There are many similarities between providers and key differences may be buried in policy wording.

MIPS' indemnity policy for doctors, dentists, oral health practitioners, nuclear medicine technologists and healthcare students is the same document. Some conditions apply depending on your membership classification, for example, communicable diseases cover is only applicable for student and recent graduate members.

What’s included in the policy?

MIPS’ policy has a limit of $20M in the aggregate and includes covers for legal issues specific to healthcare practitioners. Importantly, MIPS does not have any sub-limits for the indemnity it provides. Terms and conditions apply. See the Indemnity Insurance Policy in the Member Handbook for details.

Area of cover Clause/s Sub-limit* Aggregate limit
Insurance Cover Part A $20M
Civil liability coverage 3.1 None
Appeals (under part A) 3.2 None 
Insurance Cover Part A – Extensions
Discipline and regulatory matters 4 None 
Hospital inquiries 5 None 
Mandatory reporting 6 None 
Medicare and PSR 7 None 
Private health investigations 8 None 
Coronial inquiry or royal commission 9 None 
Drug and poisons authorities 10 None 
Removal from proceedings 11 None
Subpoenas 12 None 
Insurance Cover Part A – Specific inclusions
Indemnity dispute pursuit 13  
Telehealth 14 None
Clinical trials and research projects 15 None
Student placements and Healthcare activities 16 None
Gratuitous services 17 None
Medical retrievals and repatriation 18 None
Good Samaritan acts 19 None
Insurance Cover Part B – Extensions
HIV, Hepatitis B or Hepatitis C  20 $25,000
Insurance Cover Part C – Extensions
Administrative Staff or Assistants 21 None
Sole practitioner entity 22 None

Comparing MIPS with other providers

24hr clinico-legal advice from practitioners

Members can speak to clinical, legal and professional advisers. Other providers typically have a 24hr support line, however, the quality of advice will differ and you may not be able to speak with a fellow practitioner or legal professional when you need to.

Direct and Independent

MIPS is the only organisation selling MIPS membership. So no matter which services you use, you won’t be charged an additional fee beyond the membership that accurately describes your practice. Some brokers are re-selling other MDOs or commercial insurance policies and services – this means you may be paying a middle-man a premium for the service.

One membership. One fee

MIPS only sells the one product, membership. Commercial insurers will sell you separate policies, however, MIPS is a specialist provider with expertise suited to healthcare practitioners and there is no limit to the amount of advice you can seek from us.

$20M indemnity cover

The policy meets the professional indemnity requirements outlined by AHPRA for healthcare practitioners and is suitable for medical, dental and nuclear medicine technology practitioners and healthcare students.

No sub-limits for indemnity

MIPS only has one indemnity limit for civil liabilities and defence costs and it’s $20M. While most healthcare indemnity providers are using a $20M limit, they typically place sub-limits of say $200,000, $300,000 or $1M on certain events, such as disciplinary board or coronial inquiries. What is often marketed as benefits are in fact limits on cover.

MIPS Assist discretionary cover and assistance

A unique benefit which provides flexible assistance for your professional activities not otherwise covered by insurance (eg assisting you with a dispute with a colleague, employer or regulator). MIPS is the only provider to offer a form of discretionary cover for added protection in addition to the indemnity insurance that’s part of membership. Find out more.

Expert legal counsel

Our legal advise and representation for members is handled by experts either through our in house legal team or our panel of external legal firms that have the expertise for the jurisdiction and subject matter. This approach provides superior legal representation and defence outcomes.

Not-for-profit mutual

Members first. MIPS is a membership organisation and MDO (ie medical defence organisation), A not for profit mutual where all assets of MIPS are ultimately owned by MIPS members. We are bound by our Constitution to act in the best interests of members.

Telehealth

MIPS’ Indemnity Insurance Policy includes cover for telehealth. Conditions apply, see the policy in the Member Handbook for details or our Telehealth FAQs. Other providers may or may not include telehealth and may place some restrictions on what is covered. You should familiarise yourself with any restrictions. Under Australian law, the location of the patient is where telehealth is considered to be provided.

 

Membership Quote

Example one

Patient complaint

A psychiatric registrar consultation with a patient in an ED, led to a complaint to AHPRA made by a community legal service.The complaint alleged mismanagement, the patient being held against his will; and inappropriate examinations and medication. The complaint was investigated by AHPRA. The member contacted MIPS and was provided support to respond to the hospital and AHPRA.

The patient was a regular visitor to the ED, often seeking treatment for spurious conditions, as well as shelter and food. MIPS was able to bring this to the Board's attention and the Board determined that at all times the patient had been treated fairly and appropriately and good patient records kept. No action was taken against the member.

Example two

Civil Suit (ie being sued)

Rahul visited a GP with a wrist injury. The GP, Joanna, advised an X-ray and upon inconclusive examination referred Rahul to a physiotherapist.Rahul found the physio treatment painful and unhelpful so he returned to Joanna who referred him for a scan at the local hospital. This scan revealed a broken scaphoid bone in the wrist. Rahul called Joanna to complain and seek compensation for his pain, insisting that she should have known about this earlier and should not have referred him to the ‘unhelpful’ physio.

Joanna notifies the matter under the Indemnity Insurance Policy and the claim is accepted. Legal proceedings are commenced against Joanna seeking compensation of $100,000. MIPS, on behalf of the insurer, appoints a lawyer to act for Joanna. The claim against Joanna is settled for $40,000 plus legal costs. The cost for the lawyer to defend Joanna is $20,000. Both of these amounts are paid under the Indemnity Insurance Policy.

When making a indemnity insurance comparison in Australia it is important to consider both the policy features and if the pricing includes the same retroactive cover.

MIPS Assist

Where MIPS' indemnity policy cannot respond, MIPS may be able to provide support through MIPS Assist.

MIPS Assist provides discretionary assistance to members for disputes that arise in connection with employment, training and industrial relations. MIPS Protections applies to non-medical indemnity matters.

Find out more about and see examples of MIPS Assist cover.

Membership Quote

This is a summary only, you should read the full list of member benefits, including any terms and conditions which are outlined in the Member Handbook.

Understanding retroactive cover

Claims-made and medical indemnity insurance in Australia

Medical indemnity insurance in Australia is provided on a claims-made basis. This approach is different to some other countries, such as the UK, where cover is generally provided on a claims-incurred basis.

Claims-made insurance policies cover claims made in the period of insurance and notified to the insurer in the period of insurance.

The Indemnity Insurance Policy is a claims-made insurance policy. Cover will apply:

  • if you are a current MIPS member at the time the incident is notified to MIPS; and
  • where the relevant incident occurred on or after your retroactive cover date but excluding any known or previously reported events.

You must notify MIPS of any claim or complaint made against you or any investigation or incident as soon as reasonably practicable after you first become aware of the claim or investigation.

Incident covered under claims made

 incident-covered

Claim accepted. The claims occurs after the retroactive date and is reported within the membership (policy) period.

Incident not covered under claims made

 

incident-not-covered

Claim rejected. Claim reported after membership (policy) period cancellation, even though incident occurred within membership period.

See the Indemnity Insurance Policy in the Member Handbook for further details.