Page 14 - Pharmacy Appeals 1/4/04 to 31/3/05

Questions and Answers on NHS Indemnity

Below are replies to some of the questions most commonly asked about NHS Indemnity.

1. Who is covered by NHS Indemnity?

NHS bodies are liable at law for the negligent acts and omissions of their staff in the course of their NHS employment: Under
NHS Indemnity, NHS bodies take direct responsibility for costs and damages arising from clinical negligence where they (as
employers) are vicariously liable for the acts and omissions of their health care professional staff.

2. Would health care professionals opting to work under contracts for services rather than as employees of the NHS be
covered?

Where an NHS body is responsible for providing care to patients NHS Indemnity will apply whether the health care professional
involved is an employee or not. For example a doctor working under a contract for services with an NHS Trust would be covered
because the Trust has responsibility for the care of its patients. A consultant undertaking contracted NHS work in a private
hospital would also be covered.

3. Does this include clinical academics and research workers?

NHS bodies are vicariously liable for the work done by university medical staff and other research workers (eg employees of the
MRC) under their honorary contracts, but not for pre-clinical or other work in the university.

4. Are GP practices covered?

GPs, whether fundholders or not [and who are not employed by Health Authorities as public health doctors], are independent
practitioners and therefore they and their employed staff are not covered by NHS indemnity.

5. Is a hospital doctor doing a GP locum covered?

This would not be the responsibility of the NHS body since it would be outside the contract of employment. The hospital doctor
and the general practitioners concerned should ensure that there is appropriate professional liability cover.

6. Is a GP seeing a patient in hospital covered?

A GP providing medical care to patients in hospital under a contractual arrangement, eg where the GP was employed as a clinical
assistant, will be covered by NHS Indemnity, as will a GP who provides services in NHS hospitals under staff fund contracts
(known as “bed funds”). Where there is no such contractual arrangement, and the NHS body provides facilities for patient(s) who
continue to be the clinical responsibility of the GP, the GP would be responsible and professional liability cover would be
appropriate. However, junior medical staff, nurses or members of the professions supplementary to medicine involved in the care
of a GP’s patients in NHS hospitals under their contract of employment would be covered.

NHS Indemnity