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Malpractice Indemnity Insurance

HACSU members involved in Direct Care work are increasingly being held accountable for the care they provide for patients, clients or residents.

As part of HACSU membership fees, HACSU has negotiated with an insurer a group policy to provide Direct Care members with Malpractice Liability and Legal Benefits Insurance cover.

HACSU is able to provide these benefits at a fraction of the cost to an individual seeking similar insurance coverage.

Who is Covered?

• Nurses (including midwives who are PAYE employees)
• Health Professionals
• Ambulance Officers
• Aged Care Workers (Extended Care Assistants, Diversional Therapists and Personal Carers)
• Disability Service Workers
• Direct Care Community Service Workers
• Home Helps
• Patient Transport Workers
• Hospital Aides
• Other direct care workers involved in the delivery of care to patients/clients/residents.

If you are not sure if you are covered then contact the HACSU Office.

The Terms of the Cover

The Malpractice Liability and Legal Benefits policy that HACSU has is based on an employer/employee relationship and therefore only covers financial members who are defined as employees.

There are two parts to the HACSU Malpractice Liability and Legal Benefits Insurance.

• Malpractice Liability Insurance Cover

In general the policy indemnifies members against liability at law for compensation and members' costs and expenses as a result of a breach of professional duty under any form of civil law arising out of any act, error or omission, in the conduct of your occupation anywhere in Australia.

For Nurses, Health Professionals, Ambulance Officers and Personal Carers, covers up to $10 million for any one claim, and $50 million in the aggregate during the insurance period.

• Legal Benefits Insurance Cover

In general the policy Indemnifies members for legal defence costs or legal pursuit costs in connection with a claim or legal proceedings (work related), in Australia. This covers representation in tribunals and disciplinary hearings such as the Nursing Board of Tasmania.

Where the member is instigating the legal action there is a excess of $250.

Covers up to $100,000 in legal costs for any one claim, and $500,000 in total during the insurance year.

Members can use their own lawyer if approved by the insurer.

The Legal Benefits insurance cover does not cover legal proceedings involving or alleging dishonesty or intentional violence.

The Policy also covers:

• Libel and slander (words written or spoken by you in the course of your work),
• Loss of documents (lost or damaged documents in the course of your work),
• Public liability (covers against claims for compensation for bodily injury and damage to property, arising out of an accident/incident occurring in connection with your work),
• Nurses working in a voluntary capacity in a nursing role
• Good Samaritan Acts,
• Coronial Inquiries where the member is required to attend by law.

Members who are engaged in Private Practice (excluding Midwives) are covered by the HACSU policy provided that the member is a sole trader who does not operate as a partnership, or as a business name (registered or unregistered) or as a registered company.

However Health Professionals engaged in Private Practice may not earn income exceeding $25,000 gross during the financial year from work done in private practice.

Major Policy Exclusions

The policy does not cover:

• Any claim arising directly or indirectly from or in connection with any act of terrorism.
• Any dishonest, fraudulent, criminal or malicious Breach of Duty.
• Any abnormal duties not associated with your occupation.
• Services provided while under the influence of drugs or intoxicants.
• Skin penetration unless the needle/syringe is used only once, or sterilised before re-use in line with health regulations.
• legal proceedings involving or alleging dishonesty or intentional violence.
• Claims by Midwives which arise as a result of activities conducted in private practice.
• The performance of an operation carried out under a general anesthesia unless authorised by law
• The performance of any operation to terminate pregnancy where the termination is not in accordance with relevant State or Territory Legislation.
• Contractual Liability - Where the member has at any time by deed or agreement forgone, excluded or limited a right of recovery.
• Terrorism exclusion endorsement.
• Asbestos exclusion.

The conditions

• The policy is written on a claims made and notified basis.
• Failure to immediately report any circumstances that may lead to a claim may result in the claim being denied by the insurer.
• Circumstances reported during a policy period, covers claims made at any time in the future including where the member resigns from the Union for Bona Fide reasons.
• Covers claims made whilst on unpaid leave, including maternity, provided the union has been notified of absence and member has not resigned subject to the reporting of the circumstances.

Report to the Union

If you have knowledge of an incident/accident, previously occurred but not reported, and you have reason to believe a claim may now be made against you contact the union immediately. It is the responsibility of members to report any circumstances that may lead to a claim during each policy period.

If you have changed you employment from non direct care work to working directly in a care role with patients/clients/residents it is important that you notify HACSU and complete a declaration form.

Important Note

It is important to note that the information provided above only represents a summary of the policy coverage and must be read in conjunction with the definitions, exemptions and conditions of HACSU's Malpractice and Legal Benefits Insurance Policy.

Report forms can be e-mailed to HACSUassist on assist@hacsutas.net.au.