Healthcare professionals are the cornerstone of our health system. As such, Queensland provides medical indemnity. This coverage shields employees from personal liability for claims arising from their professional duties.
While the Public Service Act 2008 offers general protection, this guideline details the specific conditions under which Queensland Health employees are covered.
What Is Medical Indemnity?
Medical indemnity protects healthcare professionals from financial and legal liabilities due to medical negligence claims. Medical negligence happens when a healthcare provider's actions or omissions deviate from the accepted standard of care, causing harm to a patient.
Most medical indemnity policies require immediate notification of any potential claim. Failure to notify promptly may jeopardise coverage.
Queensland Health Medical Indemnity
Queensland Health offers medical indemnity coverage to its employees, including:
- Financial Protection: Covers costs associated with damages or settlements paid to third parties due to employee negligence.
- Legal Protection: Covers reasonable legal expenses for defending or settling claims, as approved by the Queensland Government Insurance Fund (QGIF).
Note: The QGIF is a self-insurance scheme managed by the Queensland Treasury that covers the state's insurable assets and liabilities.
Eligibility:
- Queensland Health employees
- Hospital and Health Services employees
- Other individuals covered under the Queensland Government Indemnity Guidelines and Indemnity for Queensland Health Medical Practitioners Human Resources Policy I2
Exclusions:
- Coronial Inquests and investigations
- Office of the Health Ombudsman (OHO) investigations and complaints (unless resulting in a compensation claim)
- Direct complaints without compensation claims
Indemnity does not cover:
- Independent contractors
- Unregistered practitioners
- Individuals without valid credentials
- Medical practitioners convicted of a criminal offence related to the claim (with exceptions)
- Medical practitioners whose conduct is deemed grossly negligent or in bad faith
- Medical practitioners found to have engaged in misconduct warranting dismissal
Indemnity may be withdrawn if:
- You fail to cooperate with Queensland Health's legal team.
- You provide inaccurate or misleading information.
- You are unregistered or lack valid credentials without a valid reason.
Decisions to withdraw or deny indemnity are made by designated authorities, with input from the Crown Solicitor in specific cases.
Medical Indemnity Claims Process
A medical indemnity claim begins when you submit a notification or claim to their insurance provider. Understanding this process is essential for all healthcare professionals.
If you believe your work might lead to a potential claim, follow these steps with urgency.
1. Report the Incident
Inform your employer about the potential claim immediately. You must submit a notification and request for indemnity within two (2) working days.
Decision-makers, such as the Health Service Chief Executive or Director-General, will review your request and either confirm coverage or ask for more information. Ensure your information is accurate to avoid the risk of indemnity being withdrawn.
2. Request Legal Representation
If you need to appear before an investigative agency (excluding Medicare Australia), request legal representation within two working days. Decision-makers will assess your situation and determine if legal representation is necessary.
3. Handle Medicare Australia Inquiries
If you need to appear before or provide evidence to Medicare Australia, request legal representation within two working days of receiving the notice. Decision-makers will confirm if representation is provided or refer your case for further review.
4. Apply for Reimbursement of Criminal Defence Costs
If you need reimbursement for criminal defence costs, submit an application. Decision-makers will notify you of their decision in writing within seven working days.
5. Submit Claims for Other Circumstances
Seek indemnity for other circumstances on a case-by-case basis. Submit a notification and undertaking for indemnity within two working days of receiving a claim. Decision makers will notify you of the decision within seven working days.
6. Review Decisions
If you are not satisfied with a decision, you can request a formal review by the Director-General. The Director-General will consult with relevant parties and provide you with the final decision.
Need Legal Assistance?
We highly recommend legal counsel for medical indemnity claims.
Whether you need help processing claims or have questions about your coverage, contact us for no-win no-fee legal advice.
At Medical Law, our team of lawyers can help you navigate complex legal issues and ensure you have the protection you deserve.
Frequently Asked Questions
How do I get indemnity protection?
To obtain indemnity protection for legal troubles related to your job, notify your employer and sign an agreed-upon undertaking.
What kind of legal issues does indemnity cover?
Indemnity covers public employees for civil proceedings and investigations arising from their job duties. However, it does not cover internal government investigations.
How does the indemnity process work?
If you believe you might be involved in a legal proceeding, promptly inform your employer and submit a signed undertaking. Your employer will then determine the necessary legal support in accordance with government guidelines.
Is there a cost associated with indemnity?
Yes, there's a $20,000 deductible for medical indemnity claims payable by the agency if QGIF settles the claim.
When should I report a potential medical indemnity claim?
Immediately notify QGIF of any incident that could lead to a medical indemnity claim, such as:
- An initial notice or Notice of Claim under the Personal Injuries Proceedings Act 2002 (Qld)
- A complaint to the Office of the Health Ombudsman seeking compensation
- A letter of demand seeking compensation
What kind of medical work might require indemnity?
Medical indemnity coverage can be essential for public officers involved in:
- Cross-jurisdictional practice
- Medical research and development
- International medical consultations
- Roles with unclear liability
- Membership on review boards
- Organ or tissue procurement
- Overseas medical assignments
- Ethics or credentialing committees
This list is not exhaustive, and other situations may warrant indemnity protection.
Does indemnity cover legal costs?
Yes, QGIF covers reasonable legal costs and expenses for settling or defending medical indemnity claims under Tied Work or Whole of Government (WoG) legal service arrangements. All legal actions require QGIF approval.
