How will I be protected against medicolegal action in Malaysia?

An explanation of medical indemnity in Malaysia

The primary objective of professional indemnity in Malaysia is to pay for any loss or damages and defence costs rom any medical negligence claims.

According to the 2012 Amendments to the Medical Act 1971, professional indemnity is a pre-requisite to renewing your Annual practicing certificate (APC). More on APC is coming soon.

Similarly to the UK, coverage for liabilities will vary amongst doctors and will depend on your preference and needs. It is your obligation to ensure that indemnity arrangements are adequate and appropriate for the risks and nature of the whole scope of your work.

If you wish to work for the Ministry of Health, you will still need professional indemnity but government doctors are also provided coverage under Section 5 of Act 359. As such, yearly payments are cheaper in the public sector compared to the private sector.

If you are employed as a lecturer at a University’s medical school and also practice clinical medicine, some universities provide group professional indemnity but this may not cover the scope of your practice completely.

Medical Indemnity Providers in Malaysia

The list below is not exhaustive and is not ranked in anyway.

1. MPS. We are familiar with the MPS. Some of you may even be covered by the MPS in the UK.

2. Doctor Shield

3. JLT - Medefend

4. Aon - Malaysian Medical Indemnity

5. Zurich Professional Indemnity

Things to Consider when choosing your indemnity provider

Coverage

What does your indemnity cover?

• Claims arising from an incident in the course of providing professional healthcare services

• Legal representation costs in connection with medicolegal action

• Liabilities arising from locum work

• Good samaritan acts

Policy Limit

This is the limit insurers will pay out to the claimant. Different insurers will offer different amounts but they typically vary from RM 1 million to RM 30 million. Anything above that will be borne personally by the doctor.

Retroactive cover

This will often not apply to doctors who have just started practice in Malaysia. It is related to coverage arising from before your policy date. Most insurance companies will have an unlimited retroactive date but this typically only applies after you have been with the insurance company for 5 years.

Run-Off Cover

This protects you from liability even when you have retired from active clinical work and have stopped paying the premium.

Some companies have unlimited run off. This means you will still be covered regardless of how long you have retired for; though this usually applies after you have been paying premiums for at least 5 years.

Locum Work

Similarly to the UK, you need to check whether your insurance premiums cover locum work should you choose to do any.

Choice of lawyer

Almost all insurance providers have their own panel of qualified lawyers. However, should you have someone you really want to work with, choose a scheme that allows you to do so.

Conclusion

When you do decide to go home, you also need to decide on choice of professional indemnity. There is a whole host of providers and lots to consider. If you require any further information, do get in touch.