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“Good Samaritan” acts are not part of the health care professional’s work for
the employing body. Medical defence organizations are willing to provide
low-cost cover against the (unusual) event of anyone performing such an act
being sued for negligence. Ambulance services can, with the agreement of
staff, include an additional term in the individual employee contracts to the
effect that the member of staff is expected to provide assistance in any
emergency outside of duty hours where it is appropriate to do so.

20. Are NHS staff in public health medicine or in community health services doing work for
local authorities covered? Are occupational physicians covered?
Staff working in public health medicine, clinical medical officers or therapists carrying out local
authority functions under their NHS contract would be acting in the course of their NHS
employment. They will therefore be covered by NHS Indemnity. The same principle applies to
occupational physicians employed by NHS bodies.

21. Are NHS staff working for other agencies, eg the Prison Service, covered?
In general, NHS bodies are not financially responsible for the acts of NHS staff when they are
working on an individual contractual basis for other agencies. (Conversely, they are responsible
where, for example, a Ministry of Defence doctor works in an NHS hospital.) Either the non-NHS
body commissioning the work would be responsible, or the health care professional should have
separate indemnity cover. However, NHS Indemnity should cover work for which the NHS body
pays the health care professional a fee, such as domiciliary visits, and family planning services.

22. Are former NHS staff covered?
NHS Indemnity will cover staff who have subsequently left the Service (eg on retirement)
provided the liability arose in respect of acts or omissions in the course of their NHS
employment, regardless of when the claim was notified. n h s bodies may seek the co-operation of
former staff in providing statements in the defence of a case.

23. Are NHS staff offering services to voluntary bodies such as the Red
Cross or hospices covered?
The NHS body would be responsible for the actions of its staff only if it were
contractually responsible for the clinical staffing of the voluntary body. If
not, the staff concerned may wish to ensure that they have separate
indemnity cover.

24. Do NHS bodies provide cover for locums?
NHS bodies take financial responsibility for the acts and omissions of a locum health care
professional, whether “internal” or provided by an external agency, doing the work of a
colleague who would be covered.

25. What are the arrangements for staff employed by one trust working in another.
This depends on the contractual arrangements. If the work is being done as part of a formal
agreement between the trusts, then the staff involved will be acting within their normal NHS
duties and, unless the agreement states otherwise, the employing trust will be liable. The NHS
Executive does not recommend the use of ad hoc arrangements, eg a doctor, in one trust asking