Medical Indemnity

Medical Indemnity Overview

This section covers Queensland Health (the Department of Health and Hospital and Health Services (HHSs)) for demands for compensation made by a third party against the Agency and/or its health care professionals arising from the rendering of, or failure to render, medical or health services causing injury or death of a patient.

Who’s Covered?

 

What’s covered?

  • all amounts Queensland Health (the Department of Health) and Hospital and Health Services become legally liable to pay as compensation to a third party due to the negligence of the Agency and/or its health care professionals
  • all reasonable legal costs and expenses (other than in-house legal costs and expenses) incurred in the settlement or defence of claims or litigation as authorised by QGIF.

What’s excluded?

  • coronial Inquests and investigations
  • Office of the Health Ombudsman (OHO) investigations
  • OHO complaints where compensation is not being sought
  • direct complaints where compensation is not being sought.

 

 

Frequently Asked Questions

The following are some examples of potential medical indemnity claims:

  • where it is alleged that an infant suffers injury due to complications during labour which could have been prevented had the hospital staff taken appropriate action and that failure to take action fell below the accepted standard of care
  • a patient with a medical condition alleges that the hospital’s doctor failed to diagnose or treat the condition in accordance with the accepted standard of care resulting in unnecessary suffering and injury to the patient.

Yes.  There is a deductible (excess) of $20,000 for Medical Indemnity claims as noted on your Agency’s Insurance Certificate.  This is payable if QGIF makes a settlement payment to the injured party (or their legal representative).  Following settlement of the claim, we will send your Agency an invoice for the deductible amount if required.

Generally, it is the action taken by the hospital or health care provider – or a failure to take action – which is considered to be below the accepted standard of care and which, as a result, causes injury or death to the patient.

QGIF must be notified of all third party personal injury matters – including medical incidents subject to a Section 9A (initial notice) under the Personal Injuries Proceedings Act 2002 (PIPA), immediately they are known by the Agency.

In most cases, a third party personal injury claim will be triggered upon receipt of:

  • an initial notice or Notice of Claim made pursuant to section 9A or section 9 of the Personal Injuries Proceedings Act 2002 (Qld)
  • a complaint lodged with the Office of the Health Ombudsman (OHO) seeking compensation
  • a letter of demand seeking compensation.

Yes.  QGIF will pay all reasonable legal costs and expenses (other than in-house legal costs and expenses) incurred in the settlement or defence of claims for legal services provided under Tied Work or WoG legal service arrangements.  The engagement and costs must be authorised by QGIF, including any appointment of Counsel.