Medical Malpractice Insurance in Australia: Things You Should Know


Medical malpractice can happen anytime, even if the medical practitioner is well-qualified, professionally trained, and has years of experience in handling patients.

Sometimes, even the most reputed surgeon commits some surgical errors, causing damage to a person.

This is one of the primary reasons why healthcare practitioners need medical malpractice insurance to safeguard themselves against medical negligence, causing damage, pain, and loss of a body part like amputation of a finger or limb to a patient.

In such a case, medical malpractice insurance can be your best protection shield in Australia whether you are already a citizen or migrating to this country from outside.

Medical malpractice implies actions by the medical practitioners and the other staff employed by a nursing home or hospital that causes damage to a patient or an accident victim due to non-adherence to the professional norms of medical practice.

Medical Malpractice: Meaning and Explanation

If there is any departure from the standard norms of medical treatment and surgical interference leading to such damages, it can be termed as medical malpractice. Legal action can be taken against the erring doctor or nursing home, and insurance claims can be made for the damage.

A medical center operating in, for example, Australia, like a nursing home, specialty hospital, or healthcare center, stands responsible for all medical treatment actions, including accidents. The concerned hospital must be held responsible if you suffer due to wrong diagnostics. If you’re a healthcare professional, you should subscribe to medical malpractice insurance in Australia to safeguard yourself from any such eventuality.

Besides the physicians and surgeons, the other professional staff employed by a nursing home or any other medical facility are also included in the list of medical malpractice for their negligence caused to a patient leading to damage.

Such medical, paramedics, and quasi-medical staff includes dentists, nurses, midwives, obstetricians, emergency medical staff, pharmacists, and physiotherapists.

5 Reasons You Need Medical Malpractice Insurance

Medical insurance covers medical indemnity and malpractices within it. The government regulates medical indemnity insurance; not all policies offer identical protection.

There are two specific areas where indemnity policies differ in what they will cover.

Civil Claims:

The nature of this type of claim pertains to negligence caused to you, resulting in pain or damage.

Non-Civil Claims:

Your medical insurance policy may vary when its limit and procedure are concerned (with non-civil claims).

You can look at these conditions or examples:

  • Investigations by a coroner in your case

  • Employment disputes

  • Disciplinary investigations

  • Professional investigations

Actions Falling in the Category of Medical Negligence

  • A hospital staff takes no action or delays action causing a patient to suffer

  • Inappropriate actions are taken by healthcare staff, causing damage

  • Wrong diagnosis by a physician resulting in damage

  • Giving wrong medicines resulting in harm done to the patient

  • The surgical error that leads to amputation or other severe injuries in patients

  • Adoption of wrong post-operative procedures

Category of Damages Falling under Medical Malpractice

The insurance claims mainly concern such malpractices, which are listed below:

General Damages

  • The pain suffered by a patient

  • Pain due to the emotional factor

  • General Suffering

Special Damages

  • Ongoing physiotherapy

  • Domestic help

  • Recurring medical procedures

Punitive Damages:

It entitles a sufferer to receive punitive damages under which several issues are included, like death, permanent damage, loss of sight, or loss of mobility.

According to Statista, the country’s gross earned medical malpractice insurance premium amounted to around 3.3 billion AUD. It shows the confidence this insurance policy enjoys among medical professionals and healthcare staff.

What Should You Mention In Your Insurance Claim

  • Pain and suffering.

  • The patient bears the Costs of multiple natures, like that of therapists, domestic help, and home health care workers.

  • Income or wages lost due to the period of immobility caused by medical malpractice. The clause of future income lost is also included in it.

  • All expenses on the heads of medical treatment and surgery are included.


A lawyer must prove that you have been subjected to medical practice in a court of law. An insurance company’s lawyer will try to minimize the damage so that the financial compensation can be settled for a smaller amount.

But if you hire an expert lawyer with in-depth knowledge and vast experience in handling medical malpractice cases, they can help you get better compensation.

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