Medical Indemnity Insurance in Queensland: What Patients Need to Know

Medical indemnity insurance is designed to protect doctors but what about patients? When something goes wrong in medical care—whether it’s a misdiagnosis, a surgical error or prescription mistake—it’s critical to know how this insurance affects you.

At its core, medical indemnity insurance ensures doctors are financially prepared to respond to claims of negligence. But for patients, it means there’s a pathway to seek compensation when medical standards are not met.

What Is Medical Indemnity Insurance?

Medical indemnity insurance is a specialised form of liability insurance that covers healthcare professionals against claims arising from breaches of professional standards. These claims might include:

• Medical negligence: Errors or omissions in treatment causing harm.
• Complaints and inquiries: AHPRA complaints, coronial inquests or disciplinary investigations.
• Financial liabilities: Legal costs, settlements and damages.

This insurance is mandatory under Australian law for all practising doctors whether they work in private practice or public healthcare. Insurers must meet the strict standards outlined in the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003 to ensure the system is robust and reliable.

Your Rights as a Victim of Medical Negligence

If you’ve been harmed by medical negligence, you have the right to seek compensation. Medical indemnity insurance ensures that doctors can meet their financial responsibilities if a claim is made. For patients, this enables them to recover compensation for their loss and seek justice for the wrong they suffered..

Compensation can cover:

• Medical expenses: for corrective treatment or ongoing care.
• Lost income if your injury prevents you from working.
• Pain and suffering for the emotional and physical impact of negligence
• Care payments for assistance you need for those matters you can not do due to your injury.

Without this insurance, it might be harder to pursue a claim or secure compensation from the at fault medical provider.

How Does Medical Indemnity Insurance Work?

Medical indemnity insurance gives doctors financial security to handle claims. It also ensures patients can seek compensation without unnecessary obstacles.

In Australia, five major insurers provide this coverage:

• Tego Insurance
• Avant
• MDA National
• MIGA
• MIPS

These insurers offer more than financial protection. They also provide 24/7 medico-legal advice and customised policies to suit different medical specialties.

Regulated by APRA (Australian Prudential Regulation Authority) and ASIC (Australian Securities and Investments Commission), these insurers must comply with stringent standards. This oversight ensures the system is fair and reliable for everyone.

How to Pursue a Claim

If you’ve experienced harm due to medical negligence, don’t wait to act. The process can feel daunting but with the right support, it’s manageable.

Here’s how we help at Medical Law:

1. Assess your case: We’ll review your situation and determine if you have a valid claim. It is free, as we do matters on “No Win, No Fee”.
2. Gather evidence: Medical records, expert opinions and other evidence are collected to build your case.
3. Negotiate: We work with the insurer to secure a fair settlement.
4. Litigate if needed: If an agreement isn’t possible, we’ll represent you in court.

Speak to a Medical Negligence Lawyer

Medical negligence can turn your life upside down. But you don’t have to face it alone. At Medical Law, we specialise in helping patients like you get the justice and financial support you deserve.

With our no-win, no-fee policy, you can focus on recovery while we handle the rest.

Contact us today for a free consultation and take the first step toward rebuilding your life.

Frequently Asked Questions

How do I know if I have a claim?

If your doctor’s care fell below acceptable standards and caused harm, you likely have grounds for a claim. Contact us for a free assessment.

What if the doctor denies responsibility?

Our team will investigate thoroughly, consulting experts to build a strong case on your behalf.

How long do I have to file a claim?

In most cases, claims must be lodged within three years of the incident or when you became aware of the harm. Exceptions may apply in certain circumstances.

What compensation can I expect?

The amount varies based on the severity of your injuries, financial losses and ongoing care needs. We work to maximise your compensation.