Medical Indemnity Claims Explained.

What is Medical Indemnity Insurance?

Medical indemnity insurance covers a medical professional against claims for medical negligence.

Medical indemnity insurance is also known as medical malpractice insurance.

What is Medical Negligence?

Medical Negligence is an act, error or omission by a medical professional that deviates from the accepted medical standard of care and which then results in damages.

What is a Medical Indemnity Claim?

A medical indemnity claim is when a medical professional submits a notice/claim to the provider of the medical indemnity insurance policy.

“Adequate & Appropriate” Medical Indemnity?

In theory, a medical professional should be covered against liabilities that may be incurred in practising as a a medical professional having regard to the nature and extent of the risks of practising as such a medical professional .

When to Submit a Medical Indemnity Claim?

Most medical indemnity insurance policies will contain a clause that requires notice of an event which could give rise to a claim (actual or otherwise) to be given ‘immediately’ or as soon as possible’ and may even specify a prescriptive time period. Failure to notify the insurer timeously of an event or claim in terms of a policy constitutes a breach of the terms of the policy and may result in the insurer rejecting such a claim.

Professional Indemnity Attorneys

Barter McKellar has professional indemnity litigation attorneys who specialise in providing legal representation to medical professionals, healthcare professionals and the like who require assistance in dealing with legal challenges arising from the practice of their professions which includes, inter alia, malpractice claims and professional disciplinary proceedings.