Taylor & Swift, Lawyers who specialise in medical negligence claims in Australia have advised that "medical staff in Australia are required by law to have Professional Indemnity Insurance*" (medical malpractice insurance). Here are four common misconceptions:
Misconception One: Medical staff only need public liability insurance.
Fact: Public Liability does not cover medical malpractice. Industry specific professional indemnity insurance policies are designed and required for that purpose.
Misconception Two: Your corporate/association policy will cover your medical responders.
Fact: That is not completely correct, corporate policies normally have broad approach and do not cover specific medical malpractice incidents. This is made even more complex if the on-site medic is self-employed. Even as an employee, the hourly rate you pay for your medic should include them being covered by their own medical malpractice policy, as it helps ensure that there is adequate and appropriate cover for all aspects of the medical and emergency response.
Misconception Three: If a medic does nothing wrong they don’t need malpractice insurance.
Fact: Even if your emergency team do everything right, it does not stop them from being sued. Even if they are found not liable, there is likely substantial costs in defending any claim, even one based on unfounded allegations. In an employer group policy, there may not be sufficient cover for both your organisation and the individual medic to receive the best legal advice and representation.
Misconception Four: Paid medical staff are covered by the “Good Samaritan” legislation
Fact: This is not the case if the person is receiving remuneration for said medical service. This legislation was put in place to protect everyday Mum’s & Dad’s, even medical practitioners, when they provide first aid “without an expectation of being paid”. For example, passing an accident scene and rendering assistance. A paid on-set nurse, paramedic or medic on-set does receive remuneration to provide said service.
With the above in mind, SaveLife as well as having workers compensation and public liability insurances, has in place a $10 million dollar professional indemnity malpractice policy to cover our medical services.
* https://www.taylorandscott.com.au/compensation-lawyers/medical-negligence/5-common-questions-medical-negligence-claims-australia/
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