Clinical Negligence Scheme for General Practice
Clinical Negligence Scheme for General Practice

The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:

  • Clinical Negligence Scheme for General Practice
  • Introduction
  • Background—requirement for medical practitioners to carry indemnity
  • Background—arrangements for cover of GPs and staff
  • Impetus for change
  • Indemnity of medical practitioners in other settings
  • Who is covered?
  • What activities are covered by the regulations?
  • What is not covered by the regulations?
  • From what date do the regulations apply?
  • more

Introduction

The regulations, The National Health Service (Clinical Negligence Scheme for General Practice) Regulations 2019, SI 2019/334, which are effective from 1 April 2019, introduce a wholly new scheme for the provision of a state-backed or crown indemnity for GP practices. As will be seen below, the indemnity, in terms of the individuals whose work will be covered, is of very broad scope, encompassing not just the GPs themselves but others in their practice.

These Regulations apply only in relation to services provided as part of the health service in England.

For the scheme in relation to Wales, see: General Medical Practice Indemnity.

Background—requirement for medical practitioners to carry indemnity

GPs, as with other medical practitioners, are required to carry indemnity insurance. Whereas it had previously been enshrined in the GMC’s guidance on good medical practice, it became, as a result of the Health Care and Associated Professions (Indemnity Arrangements) Order 2014, SI 2014/1887, a legal requirement for all doctors (including GPs) to have in place adequate and appropriate indemnity cover against claims brought in relation to alleged negligence. This statutory instrument substituted in to section 44C of the Medical Act 1983, a new provision making it a strict requirement for such cover to be in place:

‘44C

Indemnity arrangements

(1) A person who holds a licence to practise as a medical