MEDICAL MALPRACTICE

Protecting healthcare professionals against medical negligence claims

About Medical Malpractice Insurance

Malpractice insurance, also known as professional indemnity, serves as a safeguard against legal expenses and claims for personal injury damages in cases where medical negligence is alleged against you. This coverage extends to both the claimant’s expenses and the defence costs incurred by medical practitioners stemming from acts, omissions, or alleged breaches of professional duty during patient treatment

Who needs Medical Malpractice Insurance

Any practitioner registered with the AHPCSA, HPCSA or SANC will be able to apply for cover.

State

Free medical legal cover for state employed healthcare professionals

Non-Specialists

GPs, Dental Practitioners, Pharmacists and Healthcare Professionals

Specialists

Comprehensive medical malpractice cover for all specialist fields

Benefits of Medical Malpractice Insurance

Providing crucial protection against legal costs and claims for professional negligence, ensuring peace of mind for practitioners in various fields.

Legal Assistance

Instant access to top medical legal practitioners.

Protect your Reputation

Cover designed to support and protect you, your practice and your reputation.

Claims Resolution

The quick and efficient resolution of valid claims and the rigorous defense against vexatious claimants.

VAT Deduction

South African medical malpractice insurance premiums are VAT deductible.

Learn more about Medical Malpractice Insurance

Gain market insights from leading experts in the field

Case Studies

Analysing real-life scenarios: Medical Malpractice incidents

Orthopaedic Surgeon - Notification

The notification follows the death of a patient in 2024. The 65-year-old patient was referred to the insured through the causality unit in 2023 for a mid-shaft fracture that would not have joined or mis-joined but for surgical intervention. The patient was overweight and on Stage 4 cancer – colon cancer, breast cancer that had started to metastasize to the lungs and the liver and spine. The insured notes that it was most likely a pathological humerus fracture metastasis to the humerus.

Both conservative and surgical treatment was discussed with the patient (including risks associated with both options). The insured determined that the patient was in good enough health to undergo surgery under general anaesthesia. The patient was also assessed by a specialist anaesthetist prior to surgery who confirmed that patient was fit for surgery, this is normal protocol.

Post-surgery the patient was moved to the ICU as she was struggling to breath, patient remained in ICU for seven days and the practitioners were unable to get her off the ventilator. It was decided that the patient is not a candidate for escalation of care due to the poor prognosis associated with her cancer. The physician discussed this with the family and comfort care (pain management and sedation) was started. 

The claim was notified as it relates to the death of a patient, at this stage the family has only requested information on the death and treatment.

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Stats on institutional cover and why the need – where do negligent claims arise

Claim example – A patient was admitted to the hospital on the 30 June 2023 with right achilles tendondinitis for a right achilles tendon debridement and ganglion foot. Surgery was successful no complication, patient transferred to recovery room. Noted slight skin reaction on right leg, the patient had sustained a chemical burn on right knee due to pooling of cleaning solution in theatre. The findings on the hospital report noted that the patient was not checked for pooling after surgery sight skin prep and the linen saver was not used / removed after skin prep. The burn was treated in hospital, patient was discharged in a wheelchair accompanied by her husband.

 

Where do negligent claims arise – The Institutional malpractice cover comes into play when the insured can be held vicariously liable. Institutions are vicariously liable for the unlawful acts of their employees who commit wrongful acts or omissions during the course and scope of their employment.

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