Membership includes a professional indemnity scheme (i.e. assistance and representation) for professional disciplinary and related matters including problems arising from patient complaints, mishaps, errors and treatment injuries.
For example, representation is provided for matters referred to the Health and Disability Commissioner and the Nursing Council of New Zealand. This includes complete management of problems, preparing statements and all submissions and, where required, representation at disciplinary and related proceedings.
While compensation for treatment injuries is explicitly provided for through ACC and, where there is ACC cover, legal action for compensation is not necessary or possible, this does not preclude treatment-injury events having disciplinary consequences.
Likewise, most health sector employers provide some indemnity cover for employees, as they are generally vicariously liable for the actions of employees. Where employer cover is available it should be accessed, except where actual or potential conflicts of interest arise. For instance, employers are the main source of formal complaints to regulators. Moreover, employer cover is unlikely to be available for workplace disciplinary matters.
The Society is not an insurance company.
Exclusions to entitlements include:
- Any criminal matter, bankruptcy or property damage, plus any action or omission under the influence of alcohol or illicit drugs.
- Incidents or problems or complaints alleging dishonesty, fraud, harassment, discrimination, malicious or deliberate acts or omissions.
- Pre-existing incidents or problems (employment and disciplinary).
- Membership benefits and cover may not be available for anything related to, or arising from, the provision or promotion of alternative therapies or complementary medicine.
We offer more than defence, promoting best practice and preventing problems is a major focus. Risk mitigation and best-practice information is regularly disseminated to members.
Our professional indemnity and services apply for all COVID-19 matters, including atypical situations that may arise, such as non-ICU-trained nurses having to work outside their normal area of expertise. We are available as usual to respond to any queries or issues during the COVID-19 level-four period.