In March 2019 NHS Resolution published full details of a new Clinical Negligence Scheme for GPs. In recent years, GPs have been vocal about their feelings towards the rise in indemnity costs, many believing they have been subject to unsustainable, above-inflation rises. The new scheme, introduced on 1st April 2019, may bring good news for some, as the scheme details compensation cover for GPs throughout the UK.
How does the scheme work?
The scheme will cover liabilities that are incurred on or after 1st April 2019 and GPs will not be expected to formally register or produce any payment to be covered.

There will be no set limit of indemnity for GPs and individuals won't be at risk of having to meet part of the claim themselves or be subjected to excess fees.

Who is covered?
  • General Medical Services (GMS)/Personal Medical Services (PMS)/Alternative Provider Medical Services (APMS) contract-holders;
  • GPs and other healthcare professionals (e.g. pharmacists, nurses, physiotherapists);
  • All GP practice employees (including management, reception and administrative staff);
  • Locums and self-employed workers; 
  • Trainees.
What is covered?
Claims that arise from primary medical service activities under a GMS, PMS or APMS contract are covered under the new scheme.

If you are carrying out an activity that is not being delivered under the above contracts, you are covered by the scheme if:
  • You are carrying out an activity that consists of, or is in connection with, the provision of NHS services;
  • The NHS services are being provided by, or under a contract with, a person or organisation whose principal activities are to provide primary medical services (i.e. the NHS services are provided as part of general practice);
  • The activity in question connected to the diagnosis, care or treatment of a patient.
Not covered by the new scheme:
  • Non-NHS / Private work;
  • Complaints with little likelihood of claim with;
  • GMC inquiries;
  • CQC investigations;
  • Inquest representation;
  • Disciplinary proceedings against GPs or their staff;
  • Primary care NHS dentistry, optometry and community pharmacy;
  • Other legal issues.
Should I keep my current membership with my MDO/indemnity provider?
Yes – better to be safe than sorry. You need to maintain this membership as not all activities and services are covered by the new scheme.
Do I need run-off cover?
If you have claims-paid or claims-made indemnity arrangements or insurance policies you will be required to purchase run-off cover separately at the point of moving to a state-backed scheme, unless the terms of your cover specify any defined circumstances where this would not be required.
If you are unsure, contact your current indemnity insurance provider.
What do I do if I receive a claim?
Contact NHS Resolution ASAP after receiving a letter of notification. Once a claim has been reported, NHS Resolution aims to contact you within 72 hours to confirm if it is covered by the scheme and to allocate you a claims manager.

This information has been provided by NHS Resolution. For any advice, or to discuss your individual case, email cnsgpnotification@resolution.nhs.uk or call the 24/7 helpline on 0800 030 6798.

DISCLAIMER: This communication has been prepared by Holt Doctors Limited for general information only. It is not intended to constitute professional or legal advice and you should not rely on its contents. Please seek independent professional advice.

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