Noorulhuda Mohd Noor
Assitant Vice President, FINPRO Healthcare+6019 244 3275
MEDEFEND is a holistic indemnity scheme which covers individual medical practitioners from all specialties against actual or alleged claims of negligence in Malaysia.
The scheme is tailor-made to meet the long-term and evolving needs of medical practitioners. It provides access to some of the best medico-legal advisors available and a dedicated team manages the scheme to ensure all claims and notifications are handled competently and professionally.
Marsh has 16 years experience in managing professional indemnity schemes in Malaysia, who constantly strives to protect the interest and the welfare of our clients.
The above benefits are subject to terms and conditions of the policy or certificate.
MEDEFEND is insured by Pacific & Orient Insurance Co. Berhad and MEDEFEND Takaful is underwritten by Etiqa General Takaful Berhad.
Pacific & Orient Insurance Co. Berhad (P&O), a subsidiary of Pacific & Orient Berhad, was founded in 1972 with its headquarters in Kuala Lumpur, Malaysia. P&O has since grown to become one of the country's biggest and most established insurers in Malaysia. Today, it operates a network of about 1,700 agents throughout the Peninsula with the support of over 400 personnel from its various branch offices.
For more information about the company, please visit https://pacific-orient.com/poi/
Etiqa represents Maybank Group's Insurance and Takaful businesses, offering a full range of Life and General conventional insurance policies as well as Family and General Takaful plans across multiple distribution channels of over 8,100 agents, 46 branches and 17 offices, and over 490 bancassurance network (via Maybank branches and thirdparty banks, cooperatives and brokers) through our presence in Malaysia, Singapore, the Philippines and Indonesia. Etiqa is one of the pioneers for online direct sales through www.etiqa.com.my, www.motortakaful.com and the Group's Maybank2u online platform. It is the No. 1 digital insurance player in Malaysia with total premium/contribution of more than RM100 million.
Etiqa International Holdings Sdn Bhd, wholly-owned by Maybank, is the holding company of Etiqa. In Malaysia, Etiqa operates as four different entities comprising Etiqa Life Insurance Berhad, Etiqa General Insurance Berhad, Etiqa Family Takaful Berhad, and Etiqa General Takaful Berhad. Etiqa also has presence in Singapore (via Etiqa Insurance Ptd Ltd), the Philippines (via AsianLife and General Assurance Corporation) and Indonesia (via PT Asuransi Asoka Mas).
Etiqa General Takaful Berhad (the Company), which was incorporated on 18 July 2017 and domiciled in Malaysia, is engaged in the management of general takaful business. The Company was granted the license by Bank Negara Malaysia on 1 January 2018. The immediate and ultimate holding companies of the Company are Maybank Ageas Holdings Berhad (MAHB) and Malayan Banking Berhad (MBB) respectively.
MEDEFEND Medical Indemnity is a coverage specifically to protect medical practitioners for any claims/potential claims of actual or alleged acts of negligence relating to and/or arising out of their medical professional services. The primary objective is to pay for any loss or damages and defence costs from the medical negligence claims/potential claims (subject to Policy/Certificate terms and conditions).
Apart from the compulsory legal requirement, medical indemnity coverage should be a part of any medical practitioners’ overall risk management approach. Medical indemnity coverage is meant to be the last line of defence to protect the practitioner in the event of an adverse medical incident.
The Insurer for MEDEFEND is Pacific & Orient Insurance Co. Berhad (P&O). The Takaful Operator for MEDEFEND Takaful is Etiqa General Takaful Berhad (EGTB).
The rates and coverage are the same for both MEDEFEND and MEDEFEND Takaful. The only difference is that MEDEFEND Takaful is Shariah-compliant and underwritten by EGTB. The same MEDEFEND team and Claims Management will handle both MEDEFEND and MEDEFEND Takaful.
You need MEDEFEND because it is a compulsory requirement for all Registered Medical Practitioners (“RMP”s) to have Medical Indemnity and 20 CPD points for their Annual Practicing Certificate (“APC”) application. The Malaysian Medical Council (MMC) stated that the compulsory requirement for a medical indemnity coverage for APC application only applies to:
Please refer to the 2012 Amendments to the Medical Act 1971 (“the Act”):
Amendment of Section 20
Section 20 of the Act is amended –
(a) by substituting for subsection (1) the following subsection:
“(1) Any fully registered person who desires to practise as a medical practitioner after the thirty-first day of December of any year and who produces evidence of having satisfied any requirements or restrictions stipulated by the Council shall, not later than the first day of December of that year, make an application in the prescribed form, produce evidence of professional indemnity cover and pay the prescribed fee for a certificate to practise as a medical practitioner during the ensuing year.”
Marsh Specialty consists of the brokers managing the MEDEFEND Indemnity Scheme and is responsible for handling new applications and renewals, general inquiries, negotiating the terms and conditions of the policy, and most importantly the claims management.
Marsh Specialty, with vast experience in managing professional indemnity schemes, will strive to ensure that the members’ interest will be the utmost priority under the scheme. A dedicated claims team, consisting of former practising lawyers, will ensure the medico-legal claims and notifications from members will be handled competently and professionally. Marsh will bring the members a fresh, value-added approach to insurance whilst maintaining competitive but stable premiums.
In relation to the answer for “Why do I need MEDEFEND?”, MEDEFEND is compulsory for you if you are a:
Government doctor doing locum at a private hospital/ clinic.
You must have MEDEFEND cover as it is compulsory under the Medical Act as you do locum work.
Lecturer in a public university with a practice in the private wing.
It is compulsory for you to obtain a medical indemnity coverage as per the Medical Act.
Lecturer in a private medical university with a practice in university’s medical centre.
You will need to apply for MEDEFEND coverage to fulfil the compulsory requirement for your APC application.
It is advisable to apply for MEDEFEND if you are a:
Lecturer in a public university.
Please check with your University and/or MMC if you are indemnified by the Government. This also relates to the compulsory requirement for the APC application.
Lecturer in a private medical university.
If your work is purely as an academician, you may wish to apply for MEDEFEND under the ‘Non-Clinical Doctor’ category. This is to fulfil the compulsory requirement for your APC application. It is advisable for you to check with your university if they have a separate Educators Liability cover.
Practicing doctor under MOH Hospital/Clinic.
You are strongly advised to have MEDEFEND. It provides you with a legal representation/lawyer, and the costs will be paid by the Insurer/Takaful Operator in the event of any regulatory investigation claims and/or MMC Inquiry. MOH will not provide you with any lawyer should there be any regulatory investigation hearings and/or MMC Inquiry filed against you.
If, besides your service at MOH, you are actively involved in voluntary medical service outside your regular work, you are advised to apply MEDEFEND to protect your voluntary work.
Retiree from medical practice who wishes to retain your APC.
You can apply MEDEFEND under the ‘Non-Clinical Doctor’ category (RM380 annually) for you to satisfy the compulsory requirement for APC application. Please be mindful that under this category, there is no coverage for claims arising from your past medical practice.
There is no direct “one-size-fits-all rule” answer in determining an appropriate Limit of Indemnity coverage. It depends on the Specialty and the categories under MEDEFEND. Our recommendation would be:
It also depends on the size of the practice and the doctor’s risk profile. Kindly contact us to discuss if you are unsure.
Our online application has a payment gateway where you can make payment by credit card, debit card or online transfer.
You are covered by MEDEFEND if:
You helped someone involved in an accident on your off day and a claim arises from such an emergency medical situation.
MEDEFEND provides coverage under the Good Samaritan act. It means that coverage is extended for a doctor who is a bystander providing emergency medical situation. This includes medical crisis, disaster or catastrophe, as long as there is no formal Doctor-Patient Relationship, without any monetary benefits. This cover is worldwide excluding Iran and any countries sanctioned by the United Nations, European Union, United Kingdom, Canada, Australia, Japan and United States of America.
Your nurse/locum doctor makes a mistake.
You are covered under MEDEFEND for any allegation against your nurse/locum doctor. Please ensure that your nurse is covered under Clinic Liability and the locum doctor has their own MEDEFEND coverage.
You are not covered by MEDEFEND if:
You are the Person In Charge (“PIC”) in a private hospital.
MEDEFEND is an individual medical indemnity for doctors and exclude coverage as a PIC. If you are the PIC in your hospital, please get confirmation that the hospital has a Medical Liability cover. This will protect your position as the PIC.
You own a medical practice and several doctors and nurses work for you.
If you own a medical practice, you must have a separate Clinic/Entity Medical Liability cover. Such policy provides cover for your clinic and/or employees (including nurses) in the event of a medical negligence claim against them separately or collectively. It is not included in the MEDEFEND indemnity cover. For the doctors, they will need to subscribe MEDEFEND individually (this relates to the answer for “Why do I need MEDEFEND?”).
MEDEFEND is a Claims-made policy that provides Full Retroactive Cover with no additional premium. This means you get full backdate cover for all your past medical treatments PROVIDED the new claim/potential claim arises AFTER you signed up with MEDEFEND (refer to Scenario A below).
However, if you are from an Occurrence-based provider, your retroactive/backdate cover starts from the policy date when you first join MEDEFEND (refer to Scenario B below).
Scenario A: Change from Claims-made policy to MEDEFEND:
Scenario B: Change from Occurrence-based provider to MEDEFEND:
MEDEFEND is a Claims-made policy. It means if there is a new claim/ potential claim (Circumstance) being made against you, MEDEFEND will provide coverage as long as you have an active MEDEFEND policy.
Example: 3 March 2021 you receive a claim and you notify MEDEFEND. Your active MEDEFEND policy is from 1 January 2021 to 31 December 2021.
Under the Claims-made policy, it is important for you to notify MEDEFEND immediately once you are aware of a claim/ circumstance.
A Claim includes:
A Circumstance includes:
An Occurrence-based indemnity gives you cover for claims/circumstance arising from a medical incident within the period when you were with the indemnity provider regardless of when you notify the claim/ circumstance (when you are made aware of it).
There is no coverage under MEDEFEND as the claim arises from a treatment that you gave in 2018 while you were with the Occurrence-based provider. We will advise you notify the said provider.
If you have an existing court case with your current indemnity provider, they will continue to defend you even after you have changed to MEDEFEND. Under a Claims-made policy, you notify MEDEFEND for any new awareness of a claim or circumstance. If you have an existing notification with an indemnity provider, they must continue handling the claim for you even if you have changed to MEDEFEND.
If you have an existing circumstance (potential claim) with an indemnity provider, the same rule applies. If the circumstance developed into a suit in the future, you need to inform that indemnity provider so they can appoint a lawyer to defend you in court. This is because the first notification (awareness) was made with them.
Marsh Insurance Brokers (Malaysia) Sdn. Bhd.
Level 42-01A (West Wing), Q Sentral,
2A Jalan Stesen Sentral 2,
Kuala Lumpur Sentral,
50470 Kuala Lumpur, Malaysia
For MEDEFEND queries:
Phone: +603 2723 3226 (Hunting Line) /3236/ 3216