MEDEFEND | Making a Claim for Medical Indemnity Insurance

Welcome to the Marsh MEDEFEND guide on initiating a medical negligence claim. As a valued Marsh MEDEFEND client and medical professional indemnity insurance policyholder in Malaysia, this guide describes the possible scenarios and when to notify us, 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.

How to start a medical negligence claim?

You must notify Marsh MEDEFEND when:

A lawsuit is filed against you.

o Notify Marsh MEDEFEND 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.

o Notify Marsh MEDEFEND promptly, within 48 hours of becoming aware of the complaint.

A demand for compensation, or a new complaint against you arises.

o Notify Marsh MEDEFEND promptly and as soon as practicable without undue delay.

You are recommended to notify MEDEFEND when:

There is a request for a medical report and/or written examination under the following circumstances:

o A patient has experienced an unexpected adverse event or outcome.

o You become aware of issues relating to the treatment and management of a patient.

o The patient or his/her relatives have expressed dissatisfaction.

o The request has come through solicitors engaged by the patient or the patient's estate.

o 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.

o While there's no exhaustive list of recommendations in such a situation, you are advised to notify us in the event of a patient’s unexpected death.

Remember, as part of our Marsh MEDEFEND family, your concerns are our priority. We are here to assist and guide you through these challenging situations.

Medical indemnity insurance: Policyholder best practices

As a Marsh MEDEFEND client, you are supported by a dedicated panel of solicitors with over 20 years of experience when claims arise. Here are some best practices for policyholders:

Prompt Notification: Notify us promptly 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.

Advance Notification: Do remember to notify us ahead of deadlines set by regulatory bodies. Compliance with these timelines is essential.

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.

Ignore Complaints: Please do not leave complaints unanswered. Every concern deserves attention.

Hasty Responses: Avoid rushing replies for the sake of quick response. Reach out to Marsh MEDEFEND 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 risks, including case studies and detailed guidelines, read this article.

Submit your Marsh MEDEFEND claim

As a valued Marsh MEDEFEND client, we are committed to making the claims process as smooth as possible. If you need to file a claim, simply log in here and submit your claim through our secure portal.

As a Marsh MEDEFEND client, please remember that all notifications are subject to the terms and conditions within your MEDEFEND policy. If you have any uncertainties or questions, please reach out to us.