Professional Protection and Claims Protection information, benefits and how to apply for membership
Following the introduction of clinical negligence schemes for general practice in England and Wales, we now offer two types of membership for nurses and Allied Health Professionals working in general practice.
which gives you the right to request medicolegal assistance in circumstances not covered by the state scheme e.g. regulatory matters, criminal matters, coroners’ inquests.Find out more
which gives you the right to request indemnity and assistance with clinical negligence claims arising from activities which are out of scope of the state indemnity schemes for general practice.
Clinical negligence schemes for general practice in England and Wales provide indemnity for clinical negligence claims arising from the provision of NHS primary medical services and, in England, NHS activities carried out by or for a provider whose principal activity is to provide NHS primary medical services (these are known as ancillary health services).
Private work, and work undertaken in GP practices for which a fee is charged (e.g. medical reports, medical certificates, travel services), are out-of-scope of state indemnity schemes and you will need to add Claims Protection to your membership for the right to request indemnity for claims arising from these activities.
If you are providing a service that is not commissioned under a GMS, PMS or APMS contract in England, or the Welsh GP Contract, we strongly recommend you check the scope of the state indemnity schemes to determine whether you need Claims Protection for this work. If you are uncertain of the contractual basis through which you are providing a service, it is important to check. We have become aware of clinical negligence claims related to the treatment of NHS patients, but which were considered out of scope for state indemnity (because the services were commissioned by a hospital and the service provider was not a primary medical services subcontractor).
If you need to add Claims Protection to your membership, your subscription is based on estimated annual income from activities for which indemnity is needed. This includes income from private work, fee-paying services in general practice and provision of medical services which are outside the scope of the state indemnity schemes.
All partners in a GP practice, including nurse partners and practice manager partners, should add Claims Protection to their membership if private or fee-paying services are provided by the practice. This is because a clinical negligence claim could be made against the partnership relating to work your team undertakes. You can determine the level of Claims Protection you need by reviewing your previous year’s practice accounts and estimating your share of annual income from fee paying services (whether you undertook the activities or not).
If, as a healthcare professional, you undertake activities which are out of scope of the state indemnity schemes but you do not personally receive an income from them (i.e. it is income for the practice) you can select the lowest income band for Claims Protection (£0-2,500).
When determining the level of Claims Protection you need, you should also include income from any work you personally undertake which is outside the scope of state indemnity, including private work and provision of services outside an NHS contract (unless they are classed as an ancillary service within the scope of state indemnity). If you have any doubts about whether an activity is covered by state indemnity or not, please check with NHS Resolution in England and NHS Wales Shared Services Partnership in Wales.
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