FREQUENTLY ASKED QUESTIONS

  • Q
    Can I do voluntary work overseas?
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    12 November 2020
    At Medical Protection we understand the vital role that humanitarian care plays worldwide, especially in times of crisis. That is why humanitarian protection is something we’ve offered for many years.

    You can request protection for humanitarian work if…
    • Your membership is current
    • You have been in membership for a minimum of 6 months
    • You are working for a recognised charity or humanitarian organisation
    • You contact Medical Protection before you intend to travel
    • You have met all of the destination country’s professional criteria
    • Your intended work excludes the management of pregnancies 

    In addition, you can request the benefit of membership relating to humanitarian work for up to 6 months in any 12-month membership period. This can be applied to shorter periods of travel, or for a single 6-month period.


    Other things medical volunteers need to know

    As a volunteer, you are always responsible for checking that you understand and follow the laws and regulations of the country where you will be volunteering, including any requirements for work permits or visas. You also need to understand and follow any professional obligations such as registration or licensing, and the rules about the type of indemnity you are required to have.

    Members who have met all of a country’s professional criteria can request assistance from us. However, this is only available for matters brought within the member’s home territory.

    The benefits of membership (including the right to request indemnity) do not extend to any matters arising from the management of a pregnancy under humanitarian care.

    If you would like any further details about the humanitarian protection that we provide, please contact the Member Services team for more information.
     
  • Q
    What is out of hours?
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    03 August 2020

    ‘Out of hours’ is defined between 18.00 and 08.00, as well as all day Saturday and Sunday.

  • Q
    What is a session?
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    03 August 2020

    For clarification, ‘a session’ is defined as a continuous period up to 5 hours.

  • Q
    Does calling for advice affect my annual membership subscription?
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    13 November 2019
    We actively encourage members to contact us for advice to provide peace of mind and to help prevent a concern or problem escalating.

    MPS does not use the number of requests for advice as part of its risk assessment of a member. This includes determining their membership subscription.

    In exceptional cases, where a request for advice involves facts or circumstances of a highly unusual or unique nature it might trigger a general review of an individual’s risk profile. However, we stress that this would be very unusual.

    So, if you want to discuss a medico-legal issue or need advice on how to prevent a concern or problem escalating, please do let us know - we are only a phone call away.
  • Q
    As a GP, does my indemnity allow me to undertake tongue-tie division procedures?
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    17 October 2017

    GPs who have full Medical Protection membership can request indemnity for tongue-tie division if:

    • they have appropriate training and experience
    • patients/parents are properly informed of the procedure, this includes the risks as well as potential complications, and consent has been obtained before proceeding
    • it is performed in an appropriate setting. Procedures not carried out in clinical premises must be undertaken in a safe environment with adequate and appropriate facilities.
  • Q
    Am I indemnified to undertake the Harmony prenatal test when it is offered privately?
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    17 October 2017

    Those who are on obstetrics/gynaecology, paediatric and GPs on their current grade can request indemnity for undertaking the Harmony prenatal test provided members ensure:

    • patients are adequately counselled and consented
    • patients are appropriately followed up
    • full records are maintained (including records of the counselling and consent, as well as follow up arrangements).
  • Q
    In addition to clinical negligence, will MPS assist with other liability arising from my practice?
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    09 February 2017

    Extended liability

    MPS membership grants the right to request indemnity in relation to your own clinical practice. However, as an owner or partner in a practice you may be responsible for liability arising from other elements of the business, for example:

    • vicarious liability for the acts and omissions of other healthcare professionals or staff at your practice;
    • liability for products that are sold at your practice;
    • liability in relation to the safety of the practice environment; and
    • liability for non-clinical matters such as taxes and the performance of contracts entered into by or on behalf of your practice.

    It is important to understand that the subscription for an individual MPS member is calculated on the basis of the risk represented by that member alone. In the interests of fairness across the membership as a whole, where you are exposed to additional liabilities (such as those listed above), you do not have the right request indemnity for matters beyond your own clinical practice, unless your membership grade is expressly extended to cover these. Note that MPS offers corporate membership and other bespoke arrangements for members who require indemnity for the clinical negligence of their staff. Please contact your local membership office for further information.

    Find out more about the limitations of MPS membership

    GP Membership in Ireland

    Given the typical structure of general medical practices in Ireland, we offer additional benefits in the GP membership category, including for solo practitioners and those practising in an unlimited partnership. It is likely that, in addition to the standard benefits of membership, GPs members in Ireland would be granted assistance with requests relating to claims of negligence against any of their employed non-clinical administrative staff (e.g. the practice manager, receptionists and secretaries), or in relation to clinical staff such as health care assistants, phlebotomists, and dispensers where it can be shown that such staff were acting under appropriately delegated authority and were adequately trained, supervised, working to practice protocols and not making ‘standalone’ clinical judgements.

    Find out more about GP membership

  • Q
    I am a consultant working in private practice. Does the State cover some of my indemnity?
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    25 August 2016

    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.
  • Q
    Does my membership apply to Good Samaritan acts?
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    17 June 2016
    Yes. In the unlikely event that you are sued as a result of a Good Samaritan act, you can apply for assistance from Medical Protection, no matter where in the world the action is brought.

     

  • Q
    What is the definition of a Good Samaritan act?
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    17 June 2016

    Medical Protection defines a Good Samaritan act as one in which medical assistance is given, free of charge, in a bona fide medical emergency upon which you may chance, in a personal as opposed to a professional capacity, eg, assisting a fellow spectator at an event.

    For doctors, ignoring such a predicament is never an option. When called into action while off duty, you must remember to make a full clinical record after treatment.

    You must assess your own competence in handling the situation – eg, you may be under the influence of alcohol – and proceed accordingly.

    Only intervene if the situation is an emergency. Any situation that is beyond your competence may still benefit from your input, to a degree. For example, you can use your clinical skills to take a history, make an examination to reach a preliminary assessment, and give an indication of the likely differential diagnosis. You can also suggest options for the management of the situation pending arrival of support. 

    We consider that a response to the GoodSAM App, provided it is in accordance with the GoodSAM App code of conduct, falls within our definition of a Good Samaritan Act.

  • Q
    How do I apply for membership with MPS?
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    20 May 2016
    Students can apply online for free MPS membership. All other doctors can access application forms from the Join MPS section of the website (see the "Join" button at the top of the page). Please ensure you read the important information at the bottom of the page before completing the application and returning it to the address shown at the top of the form.

    The application must be completed in full and signed and dated within two months of your required membership start date.

    Your application can be submitted by post, fax or email.
  • Q
    What is MPS?
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    20 May 2016
    MPS is the world’s leading medical defence organisation, putting members first by providing professional support and expert medicolegal advice throughout their careers. We have more than 300,000 members worldwide. 

    MPS has been helping doctors who find themselves in medicolegal difficulties since 1892. We are here to help and support members when they need it. We work only for the benefit of our members, and have no external commercial or shareholder interests to distract us.

    A recent survey of our members provided the following feedback:

    “I have contacted MPS on a number of occasions for general advice and have always been very impressed by the services I received.”

    “Very quick responses, clear advice and guidance, a sympathetic ear.”

    “Speedy, efficient, courteous, knowledgeable – I have always been impressed by the MPS and my latest enquiry only strengthened my good opinion.”
  • Q
    I will be taking a career break/going on maternity leave/retiring soon. How does this affect my membership?
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    20 May 2016

    Members who retire, take a career break or who otherwise stop practising medicine voluntarily - either temporarily or permanently (excluding holidays), can request to retain Medical Protection membership in the retired/deferred category.

    As a retired or deferred member with occurrence-based protection, you pay no subscription, still receive the Medical Protection journal, Casebook, and our Annual Report and Accounts, and can apply for Medical Protection assistance with any medicolegal problems arising from a “Good Samaritan act”.

    However, if you decide to leave Medical Protection, then you will not be entitled to any assistance in relation to a Good Samaritan act if the incident occurs after your membership has ended. You must also inform us before you resume practice, so that we can ensure you are placed in the correct category of membership.

    Members with claims-made protection should contact us to find out how a break will affect their membership.

  • Q
    If I have state indemnity do I still need MPS membership too?
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    29 September 2014

    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

  • Q
    I do some work as an expert witness. How does this affect my membership?
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    29 September 2014

    Medical Protection regards providing an expert opinion as an integral part of professional practice. As with all aspects of professional practice it is essential that you act within the limits of your own expertise.

    Medical Protection has assisted many members with claims arising out of the provision of an expert opinion and considers these in the same way as any other claim in negligence against a member.

    Please contact us to check that you are paying the correct subscription to reflect your medicolegal practice.

  • Q
    I have lost my membership certificate. Do you charge for sending out a duplicate?
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    29 September 2014

    No. We can issue a duplicate certificate to you free of charge. Please contact your local membership office to discuss your requirements.

    [email protected]
  • Q
    Do I get a reduced subscription rate if I participate in risk prevention workshops, webinars and e-learning?
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    22 September 2014

    No, not at present. The main benefits of engaging with our educational programs are:

    • enhanced risk management and prevention skills
    • improved patient outcomes
    • reduced likelihood of involvement with claims or complaints and the associated stress, worry and inconvenience they bring.
  • Q
    Can I undertake cosmetic procedures?
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    17 September 2014

    Medical Protection defines cosmetic/aesthetic procedures as those which have as their primary purpose the alteration of the non-pathological external appearance of a patient.

    If you are not an accredited plastic surgeon and you are considering undertaking any cosmetic/aesthetic procedures, whether surgical or non-surgical, you must contact a membership adviser to discuss your plans in advance.

  • Q
    Does my membership renew automatically?
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    17 September 2014

    Yes, if you pay by direct debit.

    That is one of the advantages of paying by direct debit - you are not at risk of any unintended gaps in your membership. However, you must contact us if your professional or personal circumstances or your contact details change.

    If you pay by cheque or credit card, you will automatically receive renewal information. We will send you your membership certificate once we receive your payment.

    To set up a direct debit, please contact one of our membership advisers.

  • Q
    I am worried about something that's happened. Can I talk to Medical Protection about it?
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    02 September 2014
    If you are concerned about any issue or incident which has occurred in your capacity as a doctor or other healthcare worker, we would encourage you to get in touch immediately by calling our medicolegal advice line. There is no stigma attached to seeking guidance or support, and we would rather you asked for help in time to avoid a problem instead of waiting and hoping for the best, only to find yourself in greater difficulties later. 
     
  • Q
    Will you still help me if I leave Medical Protection?
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    01 September 2014

    Medical Protection occurrence-based protection will respond to claims brought against you, even after your membership has ended and your subscription payment has ceased, as long as the alleged incident happened during the period of your Medical Protection membership and you were in the appropriate membership category at the time the incident occurred.

    For Medical Protection claims-made protection, this would require you to purchase extended reporting benefits (ERBs) from Medical Protection, to enable you to report an incident you only became aware of after your claims-made protection membership ends. Alternatively, if you continue to practice after ceasing Medical Protection membership, you may be able to make arrangements with your new provider to allow you to report the incident to them.

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