What Medical Protection membership means for state doctors

We are aware that there has been some recent misunderstanding regarding our membership provision for state doctors in South Africa; and we thought it would be helpful to provide some clarification on this.

While we have provided a wide range of membership benefits to state doctors for many years, we do not, and never have provided indemnity for doctors employed by the state in respect of claims arising from their professional practice in state facilities. The reason for this is that the state provides indemnity for these employees, and as such, any claim made against a doctor employed by the  state in respect of a negligent act or omission as a result of their professional practice in a state facility will fall to the state to resolve.  

Furthermore, and contrary to some speculation, we would like to offer reassurance that in accordance with the Treasury Regulations (March 2005),should the state be unsuccessful in defending a claim, they will not recover any incurred loss from the doctor, unless the doctor was in violation of one of the exceptions listed in section‎12.2.1 of the regulations.

That said, while state indemnity should protect doctors who are employed by the state from the financial consequences of a negligence claim, it would not extend to assistance for internal disciplinaries or HPCSA investigations. 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, CEU accredited education, support and assistance with police investigations arising from the provision of clinical care and good Samaritan acts.