Consultants undertaking any private ‘unindemnified’ work are required to have professional medical indemnity against claims of negligence (and associated costs) up to agreed financial limits or ‘caps’. In the event that a claim for an adverse medical event against a consultant exceeds these caps, the excess is covered by the State.

The caps apply to the date the incident occurred, not the year it is reported.

For obstetrics, neurosurgery and for any spinal surgery undertaken by orthopaedic surgeons, the cap is:

• up to €600,471.66 per claim, for claims that may arise from incidents occurring on or after 1 July 2016, as well as a further annual aggregate cap of €1,801,415.01 per consultant

For all other specialties:

• up to €1,200,943.34 per claim, for claims that may arise from incidents occurring on or after 1 July 2016, with no further aggregate cap

Again, where caps apply, it is envisaged that:

1. they apply to the date of incident, not the year of reporting,
2. and claim costs above the level of the respective caps will be covered by the State.

If you are employed by the state, and treat patients in a state facility, then the state provides indemnity against claims arising from your professional practice.

State indemnity will only cover the financial consequences of a claim for clinical negligence. Its purpose is to ensure public patients are compensated if they suffer harm, rather than protect you or your professional interests.

However, it does not extend to assistance for:

• internal complaints and disciplinaries related to your clinical practice
• inquests
• HPCSA investigations
• criminal allegations arising from the provision of clinical care.

As a Medical Protection member you would however be entitled to request assistance in these circumstances.

We can also help members by advising them on how best to protect themselves in their professional practice, assisting in preparing and checking reports for the State Attorney and providing assistance with media relations to help protect their reputation.

Additional benefits include, but are not limited to, free communication skills and risk management workshops, verifiable CPD and CEU, emergency medicolegal advice available 24/7, and support and assistance for Good Samaritan acts.

More information about Medical Protection membership for state-indemnified professionals can be found here.