Medical Defence Organisations

Who are they?

Examples include: MDA National, Avant

How might workplace sexual harassment fit into their scope?

MDOs provide advice, free to members, about risk mitigation from a legal perspective. They offer legal advice or advocacy, but their primary function is to support doctors to protect their professional reputations.

Can I open this door?

• Requires MDO membership. MDO membership is usually required for employment.
• No timing restriction imposed; MDOs may be called at any time in a survivor’s journey.

Why would I open this door?

MDOs advise on a range of issues encountered during medical work, so doctors may be familiar with their capacity for support and advice in other areas. Good previous encounters may make MDOs an approachable “first port of call” to understand your legal rights and options after experiencing workplace sexual harassment, if you’re not sure who to call. As MDOs offer confidential independent advice free to members without timing restrictions, and as membership is required for employment, doctors with few other resources tend to seek MDO advice first (such as trainees/students in remote or isolated settings, or medical specialties with less access to support such as rural practice registrars).

What path does it take me down?

• Contact your MDO directly. MDOs often have specific representatives allocated to hospitals or universities, but also have a generic line that is appropriate to call for this purpose if unsure.
• You will be connected with a real human being in the first instance.
• This person will not necessarily be trained as a trauma-informed “first responder”.
• You will be connected with doctors with medicolegal experience or lawyers to discuss what the MDO can assist with.
• This may include providing personalised risk management advice about options, such as determining the most appropriate time or pathway for reporting.
• This may include assistance liaising with hospital administration, etc.
• Some MDOs offer peer support, but this varies between MDOs. MDOs may link with or offer to refer on to doctors’ wellbeing services

Where does it lead to? Can it offer me justice? healing? protection for myself/others?

• The confidential documentation performed by the MDO during your contact may be helpful in other reporting pathways, particularly if they involve a burden of proof and if reporting is delayed. This is generally more associated with a “justice” focused approach.
• The advice the MDO provides may support the individual to understand their options so that they are empowered to identify and open the right door for them, whether that involves justice, healing, or protection.

What could this path cost?

MDOs provide advice.

How long and far must I walk the path? Cost of entry?

• MDO membership costs are often in the tens of thousands of dollars per year but all doctors practicing clinically have medical indemnity in some form.

• MDO advice is provided immediately, but the MDO does not itself take action and can only support you to pursue action through the relevant door. The nature of that journey will be determined by the next door you choose after MDOs.

Are there cameras behind the door?

• MDOs offer confidential advice. They are exempt from mandatory reporting, unless subpoenaed.
• As an independent third party, MDOs are generally removed from conflicts of interest regarding the career or employment of the person reporting or the alleged perpetrator.

Will anyone suffer because I opened this door?

• If the alleged perpetrator is a member of the same MDO, it is possible that they may experience negative consequences from MDO after advice was sought.

What questions should I ask?

• How can you help me? (This varies between MDO, e.g. may or may not provide peer support.)
• Will this increase the cost of my MDO membership?
• Who/How many people will find out I called my MDO?
• Who will have access to my MDO history/reasons I called?

Where do I find out more?

Contact your MDO directly.

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If you have information about the approaches and processes MDOs use to engage with sexual harassment between doctors (particularly any questions we left un-answered), please submit a comment to help us continually update and improve our Door Directory.