Page 11 - Pharmacy Appeals 1/4/04 to 31/3/05

Other Terms NHS Indemnity

4. Throughout this guidance:

4.1 The terms “an NHS body” and “NHS bodies” include Health Authorities, Special Health
Authorities and NHS Trusts but excludes all GP practices whether fundholding or not,
general dental practices, pharmacies and opticians’ practices

4.2 The term “health care professional” includes:

Doctors, dentists, nurses, midwives, health visitors, hospital pharmacy practitioners,
registered ophthalmic or registered dispensing opticians working in a hospital setting,
members of professions supplementary to medicine and dentistry, ambulance personnel,
laboratory staff and relevant technicians.

Principles

5. NHS bodies are legally liable for the negligent acts and omissions of their employees (the
principle of vicarious liability), and should have arrangements for meeting this liability. NHS
Indemnity applies where:

5.1 the negligent health care professional was working under a contract of employment (as
opposed to a contract for services) and the negligence
occurred in the course of that employment; or

5.2 the negligent health care professional, although not working under a contract of
employment, was contracted to an NHS body to provide
services to persons to whom that NHS body owed a duty of care.

6. Where the principles outlined in paragraph 5 apply, NHS bodies should accept full financial
liability where negligent harm has occurred. They should not seek to recover their costs either in
part or in full from the health care professional concerned or from any indemnities they may
have. N7HS bodies may carry this risk entirely or spread it through membership of the Clinical
Negligence Scheme for Trusts (CNST - see EL(95)40).

Who is Covered

7. NHS Indemnity covers the actions of staff in the course of their NHS employment. It also covers
people in certain other categories whenever the n h s body owes a duty of care to the person
harmed, including, for example, locums, medical academic staff with honorary contracts,
students, those conducting clinical trials, charitable volunteers and people undergoing further
professional education, training and examinations. This includes staff working on income
generation projects. GPs or dentists who are directly employed by Health Authorities, eg as
Public Health doctors (including port medical officers and medical inspectors of immigrants at
UK air/sea ports), are covered.