Medical Liability - Cover
Cover is provided for any amounts that an agency is legally required to pay (or would have been legally required to pay if sued) in relation to any act, error or omission in the provision of medical services ("medical liability").
Cover is provided to:
- public hospitals and other public health facilities; and
- third parties (for example, doctors, visiting medical officers "VMOs", nurses and other health professionals employed by the Department of Health and Human Services) where an indemnity has been provided by the Panel established to consider an application from a Public Officer for an indemnity and/or legal assistance. 'Public Officer' is defined in Employment Direction No 16 (1 January 2016) - Indemnity and Legal Assistance. This Direction specifies the circumstances in which indemnity and legal assistance may be granted to employees and officers, including Heads of Agency, appointed under the State Service Act 2000.
Medical liability cover is not provided to locums or contracted specialists (as opposed to visiting medical officers "VMOs"). These persons are expected to hold their own liability cover.
The Fund does not provide cover in relation to a private business such as a medical staffing firm.
Extent of cover
Subject to nominated excesses, cover is provided for:
- the amount that participating entity, or indemnified person, is legally liable to pay to a third party; and
- any claim investigation and/or legal fees provided that the claim investigation fees are considered reasonable by the Fund Administration Agent and the legal services have been provided or sanctioned by the Office of the Solicitor-General.
Cover does not include the cost of penalties or fines payable under statute (unless otherwise determined by the Panel established to consider an application from a Public Officer for an indemnity and/or legal assistance).>> Reporting an Incident and Managing a Claim
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