Health practitioners

Guide to medical indemnity for specialist trainees and supervisors

General information to assist trainees and supervisors to understand their own indemnity arrangements and options.

PDF printable version of Guide to medical indemnity for specialist trainees and supervisors (PDF 20 KB)

1. Introduction
2. State / hospital indemnity arrangements
3. Medical indemnity insurance

1. Introduction

With the prospect of more specialist training being conducted in the private sector, it is more important than ever for trainees and supervisors to be clear about indemnity insurance.

This guide has been developed by medical indemnity insurers to assist trainees and supervisors to understand their own indemnity arrangements and options. It does not address medical malpractice insurance requirements of health care facilities. The information contained in this guide is of a general nature only; trainees and supervisors should seek further advice on their own situations as necessary.

Indemnity issues should not stop any trainee or supervisor from participating in training in private settings.Top of page

2. State / hospital indemnity arrangements

Indemnity arrangements for specialist trainees in hospitals across Australia are not uniform. The specific terms vary between states and territories and indeed within each state and territory. As at April 2008, the following information reflects medical indemnity arrangements in each state and territory for registrars undertaking private sector training rotations.

State or Territory	Medical Indemnity arrangements for private sector rotations undertaken by registrars on accredited training programs
NSW	Not covered by state government/public teaching hospital. Registrars should arrange their own medical indemnity cover.
Vic	Not covered by state government/public teaching hospital. Registrars should arrange their own medical indemnity cover.
Qld	Covered by state government
SA	Covered by state government
WA	Covered by state government
Tas	Covered by state government
NT	Covered by territory government
ACT	Coverage by territory government/public teaching hospital may be available on a case by case basis. Registrars should check with ACT Health before commencing training rotation.

For detailed advice about medical indemnity arrangements for registrar training rotations in the private sector, contact the relevant state or territory health department and your employer.

Some questions registrars and their supervisors may wish to ask their employers include:

• Do you provide me with indemnity for exposures arising from my medical practice as a supervisor / trainee?
• If so, how is this indemnity provided? That is, is the indemnity contractual or discretionary?
• Is the indemnity specified in my contract of employment?
• If not, can I have confirmation in writing?
• Are there any areas or aspects of training where this indemnity will not apply?
• Does this indemnity extend to cover legal representation for coronial inquiries, investigations, disciplinary hearings and such like?
• Does this indemnity include run-off cover?

Ordinarily, medical practitioners obtain their own cover (through a medical indemnity insurer) for the coverage of legal costs and representation for inquiries, investigations, disciplinary actions and hearings. While this cover is not compulsory, you should be aware that costs associated with such matters can be substantial and the advice and support received at these times invaluable. Top of page

3. Medical indemnity insurance

All medical indemnity insurers operating in Australia provide cover to specialist trainees and their supervisors.

You are likely to be required to have medical indemnity when undertaking training or supervisory activities, including those undertaken in private or other non public hospital settings. If your hospital / employer does not provide this indemnity, you will likely be required or expected to provide your own indemnity.

You may already be a member of, or insured by, a medical indemnity insurer in which case you should advise them of your new activities in private or other non public hospital settings, and importantly, that you are required to arrange your own indemnity for this work. That is, you should ensure your medical indemnity applies to any training or supervisory activities, including those undertaken in private or other non public hospital settings.

Each insurer's policy terms and underwriting practices (and therefore premium costs) may differ.

By all means, discuss your personal circumstances with your insurer. They will generally advise you what they need from you. But it is advisable to inform them in writing of the following:

• Provide details of your training / supervising activities
• Whether or not you have cover provided by your hospital / employer for civil claims
• Whether you require from your insurer, cover for civil claims or (if you are indemnified by your employer), cover for the legal and defence costs associated with investigations and inquiries and run-off cover
• Advice from your employer / hospital / training provider that you are required to arrange your own indemnity or that you are not provided with employer / hospital indemnity.

Keep your insurer informed of any changes to your practice. They rely on you to provide them with up to date information about your practice.

Note: Generally insurers do not cover matters for which you already have insurance or cover. It is therefore important to establish first whether you already have suitable indemnity cover.

The following Australian medical indemnity insurers have agreed to provide the above information:

Avant
phone 1800 128 268
http://www.avant.org.au/

MDA National Insurance
phone 1800 011 255
http://www.mdanational.com.au/

Medical Indemnity Protection Society
phone 1800 061 113
http://www.mips.com.au/

Invivo
phone 1800 103 779
http://www.invivo.com.au/

The Medical Insurance Group (MIGA)
phone 1800 777 156
http://www.miga.com.au Top of page

Page last reviewed: 19 February 2009