MEDEFEND: Medical malpractice insurance for doctors and dentists in Hong Kong

Aspect

MEDEFEND (contract-based insurance)

Discretionary indemnity

Contract structure

Defined, legally binding policy. Coverage terms and exclusions are clearly stated, and disputes can be resolved in court.

Governed by the provider’s articles of association. Decisions on indemnity are made at the provider’s discretion, with no guaranteed outcome.

Regulatory oversight

Underwritten by licensed insurers and regulated by the Hong Kong Insurance Authority.

Generally not regulated by the Hong Kong Insurance Authority.

Distribution & purchase

Arranged via Marsh, a regulated broker with professional obligations to represent insured doctors’ interests.

Typically purchased directly from the provider or associations, often without a regulated intermediary.

Financial ratings

Backed by insurers rated by agencies such as Standard & Poor’s and AM Best.

Most discretionary indemnity providers do not carry formal credit ratings, making financial strength less transparent.

Claims support

Access to insurers’ experienced legal defence panels.

Historically reliable in many cases, but providers may rely on similar legal advisors while retaining discretion in final decisions.

Policy limits

Clearly stated. Doctors can select and pay for the coverage level that meets their needs.

Limits are usually undefined (except for O&Gs), flexible, or set at the provider's discretion, which makes direct comparisons more difficult.

How do I apply for MEDEFEND?

Visit the MEDEFEND online portal. Follow the steps on-screen to receive a quotation within one to two working days. Please note that separate underwriting is required if the doctor has a history of claims, which may take additional time.

What are the panel law firms for MEDEFEND?

Our panel law firms are Howse Williams, JSM, and Kennedys — all of which are recognised leaders in medico-legal cases in the region. These firms specialise in medico-legal cases, claims, inquests, and disciplinary inquiries. The Marsh team can guide you to the firm that may be the best fit for your situation.

What is Marsh’s role in supporting MEDEFEND?

Marsh is the broker for MEDEFEND and is responsible for managing the administration (e.g. new applications, renewals, general inquiries), broking (e.g. negotiating premiums, terms and conditions of the policy), and assisting insureds with day-to-day claims management, settlements, and advice.

What is the recommended limit of liability?

MEDEFEND does not enforce a minimum limit. However, some private hospitals and clinics may require their specialists to carry a certain amount — often in the HK$100–150 million range. It is wise to confirm your hospital’s credentialing requirements and choose your coverage accordingly.

Will my MEDEFEND policy cover my practice if I make a policy switch?

Yes. If you previously had a claims-made policy, MEDEFEND can provide coverage back to an unlimited retroactive date — effectively securing protection for past incidents. If you switch from a loss occurrence or discretionary indemnity arrangement, your MEDEFEND policy typically begins covering claims from the date it incepts so you are never left unprotected between policies.

How long will the policy cover me after I retire from practice?

Three years or more on MEDEFEND: If you permanently cease practice after being insured under MEDEFEND for at least three consecutive years, you typically receive run-off coverage at no extra cost, protecting you against future claims related to your prior practice.

Less than three years on MEDEFEND: You can continue your coverage until the normal policy expiry date, then opt to purchase extended run-off protection (e.g. three years, six years, or up to 21 years) by paying an additional premium.

Premiums for retirees vary depending on how long you have been insured and the extra run-off duration you select.

Does MEDEFEND cover telemedicine services when my patient is not located in the same country or region as the doctor or healthcare provider?

Yes. To ensure coverage, your telemedicine services must comply with the Hong Kong Medical Council’s Ethical Guidelines on Practice of Telemedicine, and you must be licensed to practice in the territory where you are providing care. Additionally, the policy extends coverage to insured individuals practicing in the People’s Republic of China who provide telemedicine services to patients in Hong Kong.

Does MEDEFEND cover me for overseas practice, training, and professional visits, including practicing in the Greater Bay Area?

Yes. It provides up to 180 days of coverage per year in the Greater Bay Area and 120 days in other countries. For claims in the USA or Canada, coverage is capped at HKD20 million in the aggregate (or less if your main policy limit is lower).

If you need longer coverage, Marsh’s team can assist with this pending insurer review and potential added premiums.

When should I report a claim, potential claim, or circumstances that could lead to a claim?

Please report any claims, potential claims, or circumstances that might lead to a claim as soon as you become aware of them. Prompt reporting ensures you receive the support you need and are protected if the situation develops adversely in the future.

Do not admit liability. Instead, contact Marsh immediately for advice. Our team will assist in notifying your insurers and arranging proper legal guidance.

If an admission or apology is warranted, your lawyer and insurers recognise that proactive and open dialogue can often prevent escalation and safeguard your reputation. With MEDEFEND being an insurance arrangement based in Hong Kong, the Marsh team is equipped to respond quickly.

If you are uncertain about whether to report a situation, don’t hesitate to reach out to Marsh for impartial guidance. When notifying Marsh, provide a description of the claim, events, or circumstances, details of the parties involved, and copies of any written demands, assertions, or legal documents initiating proceedings once they are available.