Page 15 - Pharmacy Appeals 1/4/04 to 31/3/05

7. Are GP trainees working In general practice covered?
In general practice the responsibility for training and for paying the salary of a GP trainee rests
with the trainer. While the trainee is receiving a salary in general practice it is advisable that
both the trainee and the trainer, and indeed other members of the practice, should have
appropriate professional liability cover as NHS indemnity will not apply.

8. Are NHS employees working under contracts with GP fundholders covered?
If their employing n h s body has agreed a contract to provide services to a g p fundholding
practice’s patients, n h s employees will be working under the terms of their contracts of
employment and NHS Indemnity will cover them. If NHS employees themselves contract with GP
fundholders (or any other independent body) to do work outside their NHS contract of
employment they should ensure that they have separate indemnity cover.

9. Is academic General Practice covered?
The Department has no plans to extend NHS Indemnity to academic departments of general
practice. In respect of general medical services, Health Authorities’ payments of fees and
allowances include an element for expenses, of which medical defence subscriptions are a part.

10. Is private work in NHS hospitals covered by NHS Indemnity?
NHS bodies will not be responsible for a health care professional’s private practice, even in an
NHS hospital. However, where junior medical staff, nurses or members of professions
supplementary to medicine are involved in the care of private patients in NHS hospitals, they
would normally be doing so as part of their NHS contract, and would therefore be covered. It
remains advisable that health professionals who might be involved in work outside the scope of
his or her NHS employment should have professional liability cover.

11. Is Category 2 work covered?
Category 2 work (eg reports for insurance companies) is by definition not
undertaken for the employing NHS body and is therefore not covered by
NHS Indemnity. Unless the work is carried out on behalf of the employing
NHS body, professional liability cover would be needed.

12. Are disciplinary proceedings of statutory bodies covered?
NHS bodies are not financially responsible for the defence of staff involved in disciplinary
proceedings conducted by statutory bodies such as the GMC (doctors), UKCC (nurses and
midwives), GDC (dentists) CPSM (professions supplementary to medicine) and RPSGB
(pharmacists). It is the responsibility of the practitioner concerned to take out professional
liability cover against such an eventuality.

13. Are clinical trials covered?
In the case of negligent harm, health care professionals undertaking clinical trials or studies on
volunteers, whether healthy or patients, in the course of their NHS employment are covered by
NHS Indemnity. Similarly, for a trial not involving medicines, the NHS body would take
financial responsibility unless the trial were covered by such other indemnity as may have been
agreed between the NHS body and those responsible for the trial. In any case, NHS bodies
should ensure that they are informed of clinical trials in which their staff are taking part in their
NHS employment and that these trials have the required Research Ethics Committee approval.
For non-negligent harm, see question 16 below.
NHS Indemnity
14. Is harm resulting from a fault in the drug/equipment covered?
Where harm is caused due to a fault in the manufacture of a drug or piece of equipment