Frequently Asked Questions (FAQ)
What is MEDEFEND Medical Indemnity?
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 part of any medical practitioners’ overall risk management philosophy. Medical indemnity coverage is meant to be the last line of defence to protect the practitioner in the event of an adverse medical incident.
Who is Marsh JLT Specialty?
Marsh JLT Specialty as the brokers managing MEDEFEND Indemnity Scheme 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 JLT Specialty, with vast experience in managing professional indemnity schemes will strive to ensure that the members’ interest will be its utmost priority under the Scheme. A dedicated Claims Team consisting of former practicing lawyers will ensure that medico-legal claims and notifications from members will be handled competently and professionally. It is the intention of Marsh to bring the members a fresh, value-added approach to insurance whilst maintaining competitive but stable premiums.
Why do I need MEDEFEND?
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:
  • Fulltime Private RMPs
  • Government RMPs who do Locum work in private practice
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.”
What is the sufficient Limit to purchase?
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:
  • General Practitioners (GP) and Low Risk (between RM1 million to RM3 million)
  • Medium Risk (between RM3 million to RM5 million)
  • High Risk (between RM5 million to RM30 million).
It also depends on the size of the practice and the doctor’s risk profile. Kindly contact us to discuss if you are unsure.
I am a doctor under the Ministry of Health (“MOH”). Do I need MEDEFEND?
Yes, if you are a 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.
I am a Government Doctor and I do locum at a private hospital/ clinic. Do I need to apply MEDEFEND?
Yes, you must have MEDEFEND cover as it is compulsory under the Medical Act as you do locum work. (This relates to the answer for No. 3)
I am a lecturer in public university. Do I need MEDEFEND?
Please check with your University and/or MMC if you are indemnified by the Government. This also relates to the compulsory requirement for APC application.
I am a lecturer in public university. I do have a practice in the private wing. Do I need to apply MEDEFEND?
Yes, it is compulsory for you to obtain a medical indemnity coverage as per the Medical Act. (This relates to the answer for No.3)
I am a lecturer in a private medical university. Do I need to apply MEDEFEND?
If your work is purely as an academician, you may wish to apply 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.
I am a lecturer in a private medical university. I do have a practice in university’s medical centre. Do I need MEDEFEND?
Yes, you will need to apply for MEDEFEND coverage in order fulfil the compulsory requirement for your APC application. (This relates to the answer for No. 3).
I wish to retain my APC even though I have retired from medical practice, can I still apply MEDEFEND?
You can apply MEDEFEND under the ‘Non-Clinical Doctor’ category (RM380 annually) in order 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.
Besides my service at MOH, I am actively involved in voluntary medical service outside my regular work. Do I still need MEDEFEND?
If you are doing voluntary medical service outside MOH, you are advised to apply MEDEFEND to protect your voluntary work.
If I was helping someone involved in an accident by the roadside on my off day, will MEDEFEND cover me if there is a claim arising from such emergency medical situation?
Yes, MEDEFEND provides coverage under 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 benefit. 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.
I am the Person In Charge (“PIC”) in a Private Hospital. Will MEDEFEND cover me?
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.
I own a medical practice and several doctors and nurses work for me. What do I need to know about the indemnity requirements?
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 No. 3). ?
Am I covered in the event my nurse/ locum doctor makes a mistake?
Yes, 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 his own MEDEFEND coverage.
How can I pay the premium?
Our online application has a payment gateway where you can make payment by credit card, debit card or online transfer.
I have been with XX indemnity for the past 20 years. If I change to MEDEFEND, will you cover me for a new claim for my past practice when I was with XX? Do I have to pay additional premium to cover my past practice?
MEDEFEND is a Claims-made policy that provides Full Retroactive Cover with no additional premium. What it means is that 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
  • 2018: Treated Patient A (with XX)
  • 2021 January: Sign up with MEDEFEND
  • 2021 December: You receive a complaint letter (new awareness) from Patient A arising from the treatment in 2018. You notify Marsh JLT of the potential claim – it is covered under MEDEFEND (subject to policy terms & conditions)
Scenario B: Change from Occurrence-based provider to MEDEFEND
  • 2018: Treated patient A (with Occurrence-based cover provider)
  • 2021 January: Sign up with MEDEFEND
  • 2021 December: You receive a complaint letter (new awareness) from patient A arising from the treatment in 2018. You notify Marsh JLT of the potential claim – it is covered under the Occurrence-based and we will advise you to notify your previous provider (with Occurrence-based cover provider)
I don’t understand what Claims-made and Occurrence-based. Can you explain?
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: 3.3.2021 you receive a claim and you notify MEDEFEND. Your active MEDEFEND policy is from 1.1.2021 – 31.12.2021.

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 letter of demand
  • A writ from court.
A Circumstance includes:
  • Lawyer/ Patient request for medical records/ report relating to a complaint
  • Verbal or written complaint from a patient
  • Grievance meeting
  • Investigation from MOH/MMC/MDC
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).

Scenario:
  • 2018: Treated patient A (you were with Occurrence-based provider)
  • 2021 January : Switched to MEDEFEND and policy is from 1.1.2021 – 31.12.2021
  • 2021 December: You receive a claim against you by Patient A and you notify MEDEFEND.
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.
I already have an ongoing court case with XX indemnity provider but I would like to change to MEDEFEND next year, who will handle the ongoing court case?
If you have an existing court case with XX, they will continue to defend you even after you have changed to MEDEFEND. Under claims-made policy, you notify MEDEFEND for any new awareness of a claim or circumstance. If you have an existing notification with XX, they must continue handling the claim for you even if you have changed to MEDEFEND.

If you have an existing circumstance (potential claim) with XX, the same rule applies. If the circumstance developed into a suit in the future, you need to inform XX so they can appoint a lawyer to defend you in court. This is because the first notification (awareness) was made with XX.
Who are the Insurer for MEDEFEND and Takaful Operator for MEDEFEND Takaful?
The Insurer for MEDEFEND is Pacific & Orient Insurance Co. Berhad (P&O). The Takaful Operator for MEDEFEND Takaful is Etiqa General Takaful Berhad (EGTB).
What’s the difference between MEDEFEND and MEDEFEND Takaful?
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.




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