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NHS: Negligence

Asked by Charlotte NicholsLabourDepartment of Health and Social CareTabled Answered 8 November 2024UIN 12586

The question

To ask the Secretary of State for Health and Social Care, what level of indemnity is required for each NHS job category.

Answered by Andrew Gwynne

All regulated healthcare professionals in the United Kingdom are legally required to hold appropriate clinical negligence cover for the costs of claims and damages awarded to patients. This is set out under Section 44 of the Medical Act 1983.

Most staff at National Health Service trusts and NHS general practices in England and Wales benefit from state indemnity, in respect of NHS clinical negligence. These state indemnity schemes are the Clinical Negligence Scheme for Trusts, the Clinical Negligence Scheme for General Practice, and the Existing Liabilities Scheme For General Practice, with further information about all three schemes available, respectively, at the following three links:

https://resolution.nhs.uk/services/claims-management/clinical-schemes/clinical-negligence-scheme-for-trusts/

https://resolution.nhs.uk/services/claims-management/clinical-schemes/general-practice-indemnity/clinical-negligence-scheme-for-general-practice/

https://resolution.nhs.uk/services/claims-management/clinical-schemes/general-practice-indemnity/existing-liabilities-scheme-for-general-practice/

Clinical negligence claims under these schemes are administered by NHS Resolution on behalf of the Government. Where regulated healthcare professionals undertake work not covered by a state scheme, for instance doctors working in private practice, dentists, and general practitioners in Scotland and Northern Ireland, they must purchase their own cover.

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