Medical insurer MDA National will introduce a professional indemnity policy exclusion from July related to gender transition assessments for patients under the age of 18. 

The member-owned not-for-profit insurer says the change, applying to private general practitioners (GPs), is in response to the high risk of claims arising from irreversible treatments provided to those who medically and surgically transition as children and adolescents. 

CEO Ian Anderson says while there have not been a lot of claims in the portfolio to date, the group has been watching developments overseas and has been investigating the issue in response to member queries. 

“We are concerned about the future risk of claims from the viewpoint that there are already some claims emerging, and from a medical indemnity perspective, claims from young people can be very expensive because if there is damage done through negligence it affects that patient for the rest of their life,” Mr Anderson told insuranceNEWS.com.au.  

“We have struggled to understand and quantify the risk, and therefore price it, and therefore we are not removing cover altogether, we are just restricting it in some aspects.”   

MDA says the exclusions don’t relate to the treatment of gender dysphoria broadly and a doctor is still covered in cases such as ongoing repeat prescribing of gender affirming hormones, based on the medication regime initiated by a non-GP specialist as part of a multi-disciplinary team. 

“It is not saying we don’t support the medicine, we do support the medicine in multi-disciplinary teams and environments, and our exclusion only relates to either the assessment of the patient for the treatment or the initial prescribing of certain drugs in relation to the treatment, and it only relates to minors,” Mr Anderson said. 

“People can still seek treatment in some environments, but we don’t think GPs are the place to initiate it.”  

MDA says it considers it appropriate that the assessment and initial prescribing for patients transitioning under the age of 18 years occurs with the support and management of a multi-disciplinary team, in a hospital setting.    

Mr Anderson says MDA is aware of claims emerging in the UK and in the US where concerns have been raised over whether proper or sufficient treatment assessments were completed. 

Statutes of limitations on taking legal action can be varied on request, and can’t be relied upon to provide future protections for doctors. 

 “We think the courts will be lenient as to whether or not the claims can be brought, and then potentially the quantum of the claims would be significant,” he said. “It doesn’t take many large claims to affect a portfolio and we think this is in the best interests of our members across Australia.” 

The exclusion taking effect from July says “We will not cover you or make a payment when the claim against you arises in any way out of: (a) your assessment that a patient under the age of 18 is suitable for gender transition; or (b) you initiating prescribing of gender affirming hormones for any patient under the age of 18 years.”