Page 12 - Pharmacy Appeals 1/4/04 to 31/3/05

NHS Indemnity

8. Examples of the applicability of NHS Indemnity to common situations are set out in question and answer format in
Annex A.
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Who is not Covered

9. NHS Indemnity does not apply to general medical and dental practitioners working under contracts for services. General
practitioners, including GP fundholders, are responsible for making their own indemnity arrangements,
as are other self-employed health care professionals such as independent midwives. Neither does NHS Indemnity apply
to employees of general practices, whether fundholding or not, or to employees of private hospitals (even when
treating NHS patients) local education authorities or voluntary agencies.

10. Examples of circumstances in which independent practitioners or staff who normally work for private employers are
covered by NHS Indemnity are given in Annex A. The NHS Executive advises independent practitioners to check their own
indemnity position.

11. Examples of circumstances in which NHS employees are not covered by NHS Indemnity are also given in Annex A.

Circumstances Covered

12. NHS bodies owe a duty of care to healthy volunteers or patients treated or undergoing tests which they administer. NHS
Indemnity covers negligent harm caused to these people in the following circumstances:

12.1 whenever they are receiving an established treatment, whether or not in accordance with an agreed guideline or
protocol;

12.2 whenever they are receiving a novel or unusual treatment which in the clinical judgement of the health care
professional is appropriate for the particular patient;

12.3 whenever they are subjects of clinical research aimed at benefiting patients now or in the future, whether as patients
or as healthy volunteers. (Special arrangements, including the availability of no-fault indemnity apply where research is
sponsored by pharmaceutical companies. See Annex B.)

Expenses Met

13. Where negligence is alleged NHS bodies are responsible for meeting:

13.1 the legal and administrative costs of defending the claim and if appropriate, of reaching a settlement, including
the cost of any mediation;

13.2 where appropriate, plaintiffs costs, either as agreed between the
parties or as awarded by a court of law;

13.3 the damages agreed or awarded, whether as a one-off payment or a structured settlement.

NHS Indemnity