As a longstanding part of the profession, we remain true to our 'doctors for doctors' ethos – owned and governed by doctors, caring for the wellbeing and interests of doctors.

For over 95 years, surgeons have trusted MDA National to support them through issues they face in their career. We remain committed to providing the expert advice and personalised service you need, when you need it, so you can keep on practising with confidence and providing outstanding patient care.

  • Medico-legal helpline, 24 hours in emergencies – speak to a person not a machine
  • In-house medico-legal experts who handle every concern
  • One case manager until your matter is resolved
  • Expert medico-legal claims and advisory team
  • Matching you with the best legal team suited to your specific case
  • Support in practice and tailored risk management services

Your extensive MDA National Professional Indemnity covers you for civil claims, employment disputes, representation at a coronial inquiry and a wide range of medico-legal matters.

The following table is a brief summary of covers and limits. The summary wording should not be relied on as a full description of cover. Please refer to the Policy Wording† for full details of terms and conditions:


Aggregate Limit of Cover for all Claims* 
  • Defend you in civil legal proceedings brought by patients
  • Defend you in civil proceedings alleging breach of privacy
  • Defend you in civil proceedings arising from telehealth
  • Defend you in civil proceedings when you have been acting as a good Samaritan
  • Defend you in some civil proceedings whilst practicing overseas for limited time
  • Defend you in civil proceedings arising from clinical trials
  • Defend you against allegations of defamation
  • Defend your practice in civil proceedings
  • Pay the legal costs of defending you in professional negligence and some civil liability matters
  • Pay civil damages you are ordered to pay in professional negligence and civil liability matters
  • Pay costs you are ordered to pay
 









$20 million
 We will...
Aggregate Sub-limits*
  • Represent you and pay legal costs when you are investigated by Ahpra or a professional services review committee
  • Represent you and pay legal costs in inquiries relating to provision of healthcare services
  • Represent you and pay legal costs when self-referring regarding a health impairment
  • Pay costs you are ordered to pay with respect to covers for investigations and inquiries
  • Represent you and pay legal costs in defending allegations of some sexual misconduct and criminal matters
 





$2 million


  • Represent you and pay legal costs in certain employment, credentialing and training disputes
$100,000 but for claims by you for unpaid remuneration we will not pay more than the amount reasonably sought by you
  • Represent you and pay legal costs when you are defamed
$100,000 (with Excess of $20,000)
  • Represent you and pay legal costs in obtaining AVOs on your behalf
$100,000
  • Defend you against imposed fines and penalties for breach of Privacy Act
  • Pay fines and penalties imposed on you for breach of Privacy Act
  • Pay notification costs for breach of Privacy Act
 


$250,000
  • Compensate you when you contract certain communicable diseases
$100,000 for Medical Practitioner

  • Pay you for loss of income in some circumstances
$20,000 (with a maximum of $2,000 per day for up to 10 days)
  • Cover you for loss of documents
$100,000

*Provided that the Maximum Limit of Indemnity is not exceeded.
†A copy of the Policy Wording is available at mdanational.com.au/Downloads. 

For more information please read our Professional Indemnity Insurance Policy Combined Financial Services Guide (FSG), Product Disclosure Statement (PDS) and Policy Wording and Supplementary FSG and PDS including Amendments to the Policy Wording from our Download Center.

  • Doctors for Doctors program - talk freely with a peer who understands your situation and the impact of a medico-legal matter, to independent psychiatrist referrals in exceptional circumstances. 
  • Doctor-led and doctor-informed service delivery
  • Focused on the best professional and personal outcome for the doctor
  • Local presence, national support - Benefit from having the strength, backing and resources of a national brand behind you, as well as the local knowledge and presence of state offices. 
  • Supporting 54,000+ Members and insureds – we’re invested in you, not shareholders
  • Owned and governed by doctors, caring for the wellbeing and interests of doctors
  • A longstanding part of the profession, supporting doctors for more than 95 years
  • Nine out of our 10 Mutual Board directors are doctors
  • Specialists in health care, law and medical indemnity, backed by a dedicated team of risk advisers and external lawyers

 

Current risk trends relating to Surgeons

 

By your side when you need us most

We recognise that medico-legal matters can be demanding and stressful, both personally and professionally. That's why our highly qualified and experienced in-house legal team works in close partnership with you to resolve your particular matter as expediently as possible.

Where appropriate, our claims team will partner with external senior lawyers or engage directly with senior counsel, so you will have the most appropriate expertise matched to you specific needs, to ensure the best possible outcome. 

Read a case study on how we helped a Member with an unusual request from the police to breach patient confidentiality and privacy. 

To read more medico-legal articles and case studies, download MDA National’s Member publication, Defence Update, here.

 

Reasons why Members called us for advice

 

34%

Advice/Ethical Dilemma

 medical records

10%

Medical Records

 doctor patient relationship

08%

Ending Doctor-Patient Relationship

 practice management

07%

Practice Management

 medico-legal report

07%

Medico-legal Report

 Employment issues

06%

Employment Issues
 

MDA National’s biannual Member publication, Defence Update, contains the latest medico-legal updates, articles and case studies based on our industry insights and experience.

* * *

 

Keep on practising with confidence

In 2020, surgeons faced a difficult and unexpected side effect of COVID-19 - a restriction on elective surgery. In addition to managing patient expectations and a drop in income, many had to temporarily reduce overheads, which in some cases included standing down longstanding practice staff. It really was a year like no other.

We have seen a rise in disputes between colleagues and an increasingly low threshold for complaints being escalated to hospital management and/or Ahpra. Before you hit send on a notification, familiarise yourself with the updated Code of Conduct and the revised Guidelines: Mandatory notifications about registered health practitioners – particularly the section on vexatious complaints.

Despite the pause in elective surgery, we continued to see patient complaints relating to the perennial issues around informed consent and documentation. Standard of care decisions saw a focus on:

  • scope of practice
  • poor surgical technique vs recognised complications
  • a lack of documentation of the steps taken to identify and avoid key structures
  • a reluctance to support a patient’s request for a second opinion.

Post-operative management can be difficult to coordinate in a private hospital framework, but premature discharge, poor communication and lack of visibility can leave vulnerable patients feeling abandoned. Conflicting or vague discharge instructions can lead to an adverse outcome and unexpected readmission, which is bad for the patient and bad for the hospital.

Even though we can't travel very far, remember the importance of planning a break. This will reduce stress on your patients, your colleagues, and yourself.


More resources icon

Resources 

MDA National provides timely education to help our Members minimise their medico-legal risk and continually improve their communication and non-clinical skills.

We’ve put together a handful of our resources particularly relevant to interns below. You will also find a series of Podcasts on Apple Music and Spotify.  


Articles and case studies 

Videos / webinar recordings

e-Learning activities

Other resources

  • Head over to the MDA National library to see our full suite of articles, blog posts, webinars and podcasts.

Have you downloaded MDA National mobile app?

Downloading the app is easy. Go to the App Store or Google Play and search for MDA National. Log into the app using your email address or Member Number and the password you use to access your MDA National Online Services account. FAQs for your reference

  

 

Have a question or prefer a quote by phone?

Contact your State Business Development Specialist directly, phone our Member Services team on 1800 011 255 (8:30am to 8:00pm AEST Monday to Friday) or e-mail peaceofmind@mdanational.com.au.

 

Stay connected with medico-legal updates sent to your inbox

Subscribe to our medico-legal blog at the bottom of this page so you can stay up to date with the latest medico-legal updates and best practice advice, relevant to the medical profession.