Medical Malpractice Insurance
Cover for doctors, specialists, dentists and allied health practitioners against claims of negligent diagnosis, treatment or clinical advice.
What is medical malpractice insurance?
Medical malpractice insurance (also called medical indemnity or medical negligence cover) protects healthcare practitioners against claims that a patient suffered harm as a result of negligent diagnosis, treatment or advice. It responds to the cost of defending a claim and any damages or settlement payable, subject to policy terms.
Who needs it?
Any practitioner who diagnoses, treats or advises patients carries malpractice exposure — including general practitioners, specialists, surgeons, dentists, and allied health practitioners such as physiotherapists, psychologists and occupational therapists. Clinics and day hospitals employing or contracting practitioners also carry related exposure.
What does it typically cover?
Cover generally responds to allegations of negligent diagnosis, treatment error, failure to obtain informed consent, or breach of the duty of care owed to a patient — plus the legal defence costs of responding to a claim or HPCSA complaint, even where the claim is ultimately unsuccessful.
How is this different from Public Liability?
Public Liability covers bodily injury or property damage that happens at your premises — a patient slipping in reception, for example. Medical malpractice specifically covers harm arising from the clinical care, diagnosis or treatment you provide. Practices with client-facing premises often need both.
What drives the cost of cover?
Premiums depend on your specialty (surgical and high-acuity specialties are rated differently to lower-risk disciplines), years in practice, claims history, patient volumes and the limit of indemnity you select. Regulatory requirements from bodies such as the HPCSA can also set a practical minimum limit.
What it covers
- ✓Claims of negligent diagnosis, treatment or clinical advice
- ✓Failure to obtain informed consent from a patient
- ✓Legal defence costs for malpractice claims and regulatory complaints
- ✓HPCSA or professional council inquiry-related defence costs, subject to policy terms
Who needs it
- General practitioners and medical specialists
- Surgeons and other high-acuity practitioners
- Dentists and allied health practitioners
- Clinics and day hospitals employing or contracting practitioners
In practice
Common claims scenarios
Delayed diagnosis
A patient alleges a condition was not diagnosed in time, resulting in a worse clinical outcome and a claim against the treating practitioner.
Informed consent dispute
A patient claims they were not properly informed of the risks of a procedure before agreeing to treatment.
Treatment complication
A complication arises during or after treatment, and the patient alleges it resulted from negligent technique or aftercare.
FAQ
Frequently asked questions
There is no single law mandating it for every practitioner, but the HPCSA and many hospital groups, medical schemes and employers require proof of adequate indemnity cover as a condition of practising or being granted admitting privileges.