A doctor is accused of practising without professional indemnity insurance for almost a decade and submitting alleged fraudulent cover certificates, raising serious questions for Ireland's medical indemnity market and for how employers verify doctors' protection.
According to a report from The Irish Times, Chasib Al-Maliky, allegedly submitted certificates of professional indemnity insurance (PII) to his employers, Locomotion Limited and Centric Health, between Feb. 14, 2014, and June 14, 2024. Al‑Maliky, who did not attend the two‑day inquiry, secured a permanent contract with primary care group Centric Health in April 2023 while working at its Donaghmede branch.
Under amendments to the Medical Practitioners Act, given effect through the Medical Council (Evidence of Indemnity) Rules 2018, the regulator cannot renew a doctor’s registration unless it is satisfied the practitioner has at least the minimum level of indemnity or falls into a category where minimum levels do not apply.
Doctors must submit a declaration and, where required, a certificate from their insurer, broker or defence organisation confirming the period of cover, areas of practice and limits, and must display evidence of indemnity at their principal place of practice.
If a practitioner has no valid cover when a claim surfaces, they can be personally exposed, and injured patients may face difficulties in recovering compensation.
During the committee hearing on Al-Maliky, expert witness Triona Marnell said "it beggards belief" that Al-Maliky "would treat patients without indemnity" and that the fact he did so "for so long" was "concerning." She said he had exposed patients to potential harm and that this amounted to professional misconduct.
Meanwhile, it is further alleged that Al‑Maliky prescribed oestrogen without adding progesterone for five patients between April and July 2023 while working at Centric Health, Donaghmede Medical Centre, the report said.
According to a witness, who was anonymised at the direction of the committee, Al-Maliky prescribed oestrogen to a patient without also prescribing progesterone. Unopposed oestrogen can cause endometrial hyperplasia and increase the risk of uterine cancer.
A review of patients to whom Al‑Maliky had prescribed hormone replacement therapy identified five who had received oestrogen without progesterone. The witness confirmed that none of the patients suffered any physical harm as a result of the alleged inappropriate prescribing. Centric Health notified the Medical Council of the prescribing concerns on Oct. 20, 2023.
For insurance professionals, the allegations go beyond a simple lapse in cover, raising concerns about the integrity of the certification process that underpins regulatory compliance.
Most professional indemnity policies, including those for doctors, lawyers and other regulated professionals, operate on a claims‑made basis, under which the operative cover is the policy in force when a claim is made or a notifiable circumstance is discovered, rather than when the treatment occurred.
Ireland’s Clinical Indemnity Scheme, administered by the State Claims Agency, deals with malpractice claims for many public‑sector healthcare providers, but healthcare professionals working wholly or partly in the private sector must arrange their own indemnity.
Specialist providers dominate the GP and consultant market, and locum‑focused guidance warns that moving between public and private settings can easily create cover gaps unless arrangements are carefully structured and checked, according to the report.
Allegations that fraudulent PII certificates were supplied to employers are therefore likely to be closely watched by underwriters and claims managers. Professional indemnity contracts typically exclude deliberate fraud by the insured, but innocent partners, employers or facility owners can still be drawn into litigation and reputational fallout.
Patricia Dillon, the inquiry’s legal assessor, advised that a finding of “disgraceful or dishonourable conduct” would be sufficiently serious given the alleged behaviour. Marnell gave evidence that Al‑Maliky’s conduct represented “disgraceful and dishonourable” conduct and a “serious falling short” of the standards expected of doctors.
The committee will reconvene at a future date to announce its findings.
