Professional Indemnity Protection

Protection can be considered for a member who, at the date of the act, error or omission and at the date the claim is first made:

• is a financial member of NZMPS and not in arrears of any contribution
• is a registered medical practitioner or other medical professional recognised by NZMPS
• holds current registration with the Medical Council of New Zealand (or the relevant authority under the Health Practitioners Competence Assurance Act 2003) and a current annual practising certificate where one is required
• is practising within the scope of practice, conditions and vocational scope endorsed on that registration
• performs the service within New Zealand

Protection also extends to training, education and voluntary work you do in your professional capacity in New Zealand. If your registration or practising certificate is suspended, cancelled or changed, tell the Mutual in writing within 30 days.

Professional Indemnity (Section 1): your legal liability for an actual or alleged negligent act, error or omission that results in bodily injury or financial loss, when providing a professional service in New Zealand.

Medical Malpractice (Section 2): your legal liability for a negligent act, error or omission that results in bodily injury, when providing a healthcare service in New Zealand, including a Good Samaritan act (medical aid in an emergency, outside your ordinary practice and without fee).

Both sections include claimants' costs and expenses and legal defence costs, which need the Mutual's prior written consent.

The Board will not ordinarily grant protection for claims arising from:

• virtual consultations, including telehealth and telemedicine
• cyber incidents, data loss and computer system failures
• aesthetic procedures and products listed in the Wording (for example gluteal fat grafting, Morpheus8, fat-freezing complications and preimplantation genetic testing)
• nutraceutical and specified products listed in the Wording
• abuse or harassment of a sexual or physically violent nature
• deliberate, wilful or dishonest acts
• services outside your registration, practising certificate or endorsed scope
• fines, penalties and punitive damages
• operations in the United States, or claims brought under United States law
• personal injury where ACC cover is available
• injury to your own employees or volunteers
• anything you knew about before the Protection Period and did not disclose, and acts before the retroactive date

Protection also applies only above any other valid cover or indemnity you have. Read the Protection Wording for the full list.

No. The Certificate states nil excess. No member is liable for any excess on any claim.

Notify the Mutual in writing as soon as reasonably practicable, and in any event during the Protection Period, of any claim made against you and any circumstance that could lead to one. Use hotline@doctorssociety.co.nz, the notification address on the Certificate. You have 60 days after the Protection Period ends to notify a claim first made during it.

Tell the Mutual about any notification to, or investigation by, the Medical Council of New Zealand. Do not admit liability, settle a claim or incur legal costs without the Mutual's prior written consent.

Members registered with NZMPS as having ceased practice have 84 months (7 years) of run-off protection under the Certificate. Register your change with NZMPS so your membership is recorded correctly.

Contact NZMPS or the Mutual's administrator and quote certificate number RUWML1120251. If it is not resolved, it goes to the Board of the Mutual for internal review, with a final response within 30 calendar days. You can also seek independent legal advice. Nothing in the Wording limits your rights under New Zealand law.