Professional Indemnity Insurance

Nurses and Midwives are accountable for their professional practice.  When you are involved in an adverse event concerning a patient you may be required to:

· provide a statement;
· respond to a complaint;
· give evidence at a coronial inquest;
· defend yourself against an allegation of professional negligence in civil court proceedings.  

The QNU represents over 32,000 nurses and midwives in Queensland and is able to acquire professional indemnity insurance at a competitive rate for its members.  One of the benefits of financial membership with the Queensland Nurses’ Union is professional indemnity insurance cover.

Eligibility for cover

To be eligible for cover under the QNU Professional Indemnity Insurance Policy (“the Policy”) you must be:

· a financial member of the QNU and maintain your financial status;
· providing nursing/midwifery services;
· an employee.

If you are a private (independent) practitioner such as an independent contractor please contact the QNU to determine whether you are covered.  
 
Please note that midwives in private (independent) practice are not eligible for cover. 

What does the policy cover?

It is a civil liability professional indemnity insurance policy which covers you for claims against negligence and other civil claims that arise from a breach of duty connected with your practise as a nurse/midwife.  It does not cover you for criminal matters alleged against you. 

These are some of the common types of claims covered by the policy:

· negligence claims made against you in connection with your practise as a nurse/midwife;
· where you are summoned to give evidence before a Coronial Inquest;  evidence;
· defamation claims made against you in connection with your work;
· “Good Samaritan acts”, for example, where a nurse provides nursing, life saving or life 
  extending services rendered gratuitously at the scene of a medical emergency or during voluntary
  community service

How much cover does the QNU policy provide?

The limit of liability is $5,000,000 for each and every claim and $10,000,000 in the aggregate. This covers compensation, claimant costs and expenses not in excess of the limit of indemnity. It also covers all other expenses incurred by the member not in excess of the limit of indemnity.

Does the policy have any exclusions or conditions?

Some of the major policy exclusions are:

· claims arising when a member is unfinancial;
· Any claim, costs or expense arising out of midwifery activities whilst in private (independent) practice,
  for example, home birth midwives. 
· Nurses who practise in private (independent) practice, for example, independent contractors, and carry
  on a business:
              - in any other name other than their own;
              - as a registered or unregistered business;
              - in partnership;
              - as a company.
· Any claims arising from dishonest, fraudulent, criminal or malicious Breach of duty;
· Known claims made against a member that are not notified to the insurer during the insurance period
  (from 2 June to 2 June each year) in which the claims arose;
· Any claim for loss or damage where a member has: 
              - by deed or agreement forgone excluded or limited a right of recovery; or
              - Acted outside the normal course of practice
· Any work performed while under the influence of intoxicants or drugs
· Acts of Terrorism

This is not an exhaustive list of exceptions and conditions.
 
Your obligations

The policy is written on a “claims made” basis.

· members must report any fact or circumstance that may lead to a claim immediately to the QNU so the     
  insurer can be notified during the policy period.   

· Types of claims to immediately notify to the QNU:
     - an unexpected death of a patient;
     - an adverse outcome of a patient in your care;
     - a complaint against you alleging negligence with regard to the care you provided to a patient;
     - an allegation that you have defamed someone in the course of your employment;
     - a request by your employer/Health Rights Commission/Queensland Nursing Council to respond to a
       complaint regarding your conduct as a nurse/midwife;
     - a request by the police/employer/Coroner to provide a statement.

Failure to notify the QNU of an incident may lead to a claim being denied by the insurer.

· A member must not make any admission, offer, promise or indemnity without first seeking the consent
  of the insurer

Being a financial member does not always mean you are automatically covered by the QNU’s Professional Indemnity Policy. Please contact us if you are unsure.