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MEDEFEND Guide: When to notify a claim or circumstance for medical professional indemnity insurance

Covered under Marsh MEDEFEND? Refer to this guide on what to do when a medical professional indemnity claim is made against you.
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By Christine J. Ellis , 

Assistant Vice President, FINPRO Healthcare

11/04/2023

Welcome to the Marsh MEDEFEND guide on how to start a medical negligence claim notification. As a valued Marsh MEDEFEND client and medical professional indemnity insurance policyholder in Malaysia, this guide describes the possible scenarios where you will need to notify our claims team, as well as the dos and don’ts when a demand for compensation, complaint, or a lawsuit related to medical negligence is made or filed against you.

When to notify Marsh MEDEFEND Claims Team

You must notify Marsh MEDEFEND Claims Team when:

  • A lawsuit is filed against you.
    • Notify Marsh MEDEFEND Claims Team without delay, within 24 hours from the time you become aware of the lawsuit.
  • A complaint is lodged with the Malaysian Medical Council ("MMC") against you. 
    • Notify Marsh MEDEFEND Claims Team promptly, within 48 hours of becoming aware of the complaint.
  • A demand for compensation, or a new complaint against you arises.
    • Notify Marsh MEDEFEND Claims Team promptly and as soon as practicable without delay.

You must notify Marsh MEDEFEND Claims Team when:

  • There is a request for a medical report and/or written examination under the following circumstances:
    • A patient has experienced an unexpected adverse event or outcome.
    • You become aware of issues relating to the treatment and management of a patient.
    • The patient or his/her relatives have expressed dissatisfaction.
    • The request has come through solicitors engaged by the patient or the patient's estate.
    • You receive a written request from the hospital or Ministry of Health following a complaint or the death of a patient.
  • There is an unexpected or adverse incident or outcome involving a patient.
    • While there's no exhaustive list of recommendations for such a situation, you are advised to notify Marsh MEDEFEND Claims Team in the event of a patient’s unexpected death.

As our valued Marsh MEDEFEND clients, your claims notifications will be handled promptly. We are here to provide additional assistance and guidance to help you navigate these challenging situations.

Medical indemnity insurance: What you should do as a policyholder

As a Marsh MEDEFEND client, you are supported by a dedicated panel of solicitors with over 20 years of experience. Here are some additional dos and don’ts for policyholders when claims arise:

Dos

Prompt notification

Notify Marsh MEDEFEND Claims Team promptly as soon as practicable to allow for urgent management of the claim or circumstance.

Be proactive

If you foresee potential issues, it's best to notify us early. This proactive approach can help mitigate complications down the line.

Comply with deadlines

Remember to notify us ahead of deadlines set by regulatory bodies. Compliance with these timelines is essential.

Provide full disclosure

Please inform us of any known complaints and circumstances at the point of application for your policy and before its renewal. Transparency is key to ensuring effective coverage.

Dont's

Ignore complaints

Please do not leave complaints unanswered. Every concern deserves attention.

Respond inadequately

Make sure replies contain accurate and factual information and avoid hasty replies with inadequate or inaccurate information that can put you at a disadvantage. Reach out to Marsh MEDEFEND Claims Team for advice.

Delay notification

Don't wait for matters to escalate (e.g. until the patient appoints solicitors) before you notify us. Early notification is key to a successful claim.

For a comprehensive understanding of how best to manage your claims, including case studies and detailed guidelines, read this article.

Submit your claim to Marsh MEDEFEND Claims Team

If you need to file a claim, simply log in here and submit your claim through our secure portal.

Please note that all notifications are subject to the terms and conditions within your Marsh MEDEFEND policy. If you have any questions, please reach out to Marsh MEDEFEND Claims Team. 

Author:

Christine J. Ellis

Assistant Vice President, FINPRO Healthcare

  • Malaysia

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