The LMC has been contacted by practices seeking more information about what NHS Resolution operated state indemnity scheme for general practice covers.
Although practices would need to contact NHS Resolutions for advice about any specific circumstance, in essence, they cover any claim arising from NHS Care Diagnosis or Treatment provided under an NHS contract, if:
- The incident occurred on or after 1 April 2019, or
- At the time of the incident you were a member of the Medical and Dental Defence Union of Scotland (MDDUS) or Medical Protection Society (MPS) (this is the Existing Liabilities Scheme for General Practice (ELSGP)).
ELSGP and CNSGP exclude the following (this is not an exhaustive list):
- Non-NHS work
- Disclosure of record requests from patients (where there is no intimation of a claim and it is not a request from the patient’s solicitor)
- Complaints (where there is no intimation of a claim)
- GMC inquiries and representation
- CQC investigations
- Inquest Representation
- Disciplinary proceedings against you or your staff
- Ex-gratia payments
- Defamation claims
- Awards made by the Parliamentary and Health Service Ombudsman (unless there is an overlap with compensation payable for an injury resulting from clinical negligence)
- Claims arising from non-compliance with any legislation e.g. breach of data protection legislation; Equality Act (2010); Human Rights Act (1998)
- Employers’ liability claims
- Public liability claims
- Property liability claims
- Cyber liabilities (for example, costs resulting from system shut down as a result of a cyber-attack).
We would encourage GPs to be a member of a Medical Defence Organisation to provide cover for much of this list, and to consider other insurance.
Please note that if you were in practice and a member of the Medical Defence Union prior to 1 April 2019, to maintain indemnity you will need to pay for run off cover (MDU call this ‘Extended Benefit Rights’). If you retire at or after the normal retirement age for your NHS pension the MDU will continue to provide cover without the need to purchase additional cover. If you do not do this you could be personally liable for any claims costs.