Indemnity in general practice: further information
Updated 1 April 2021
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Historical liabilities cover for general practice members of the Medical Protection Society – 1 April 2021 update
From Thursday 1 April 2021, existing and former general practice members of the Medical Protection Society (MPS) will be covered by the Existing Liabilities Scheme for General Practice (ELSGP) for certain NHS work carried out before 1 April 2019. This is in addition to members of the Medical and Dental Defence Union of Scotland (MDDUS), who have been covered by the scheme since 6 April 2020.
The ELSGP is administered by NHS Resolution on behalf of the Secretary of State for Health and Social Care. You can find more information on the scheme and who is covered on the NHS Resolution website.
The scheme is part of the government’s aim to establish a more stable and affordable indemnity system for GPs, others working in general practice and their patients.
In April 2019, DHSC also established the Clinical Negligence Scheme for General Practice (CNSGP), which covers incidents occurring from 1 April 2019.
Historical liabilities cover for general practice members of the Medical and Dental Defence Union of Scotland – 6 April 2020 update
From Monday 6 April 2020, the Existing Liabilities Scheme for General Practice (ELSGP) will provide cover for NHS work carried out before 1 April 2019 for existing and former general practice members of the Medical and Dental Defence Union of Scotland (MDDUS).
The ELSGP will be administered by NHS Resolution on behalf of the Secretary of State for Health and Social Care.
The scheme will apply to general practice members of the Medical Protection Society from 1 April 2021. DHSC has not yet reached agreement with the Medical Defence Union.
You can find more information on the scheme and who is covered on the NHSR website.
The scheme is part of the government’s aim to establish a more stable and affordable indemnity system for GPs, others working in general practice and their patients.
In April 2019, DHSC also established the Clinical Negligence Scheme for General Practice (CNSGP), which covers incidents occurring from 1 April 2019.
New indemnity scheme introduced to cover historical clinical negligence liabilities of general practice – 18 March 2020 update
The Existing Liabilities Scheme for General Practice (ELSGP) will provide general practice staff with cover for claims relating to NHS clinical negligence that occurred before 1 April 2019.
The Department of Health and Social Care (DHSC) laid new regulations in Parliament on Monday 16 March 2020 to establish the ELSGP. The regulations came into force on 6 April 2020.
Under the new scheme, clinical negligence cover will be provided for current and former general practice members of Medical Defence Organisations (MDOs) that have reached agreement with DHSC for the scheme to provide such cover.
Agreement with Medical and Dental Defence Union of Scotland (MDDUS) – 23 September 2019 update
Further to the Written Ministerial Statement of 1 April 2019 regarding indemnity arrangements for NHS general practice in England, the government has now agreed commercial terms relating to the arrangements for the existing liabilities scheme (ELS) with Medical and Dental Defence Union of Scotland (MDDUS).
The arrangements agreed are in respect of the historical NHS clinical negligence liabilities of MDDUS’s English GP members arising from incidents occurring before 1 April 2019. NHS Resolution will have oversight of the arrangements which include MDDUS continuing to handle claims for an interim period.
The majority of English GPs will now benefit from the arrangements agreed between DHSC and MPS and MDDUS. As with the previously agreed arrangements, the department will keep the operation of these arrangements under close scrutiny to ensure they deliver value for money and an effective service for GPs.
New indemnity scheme for general practice introduced – 1 April 2019 update
The government-funded scheme provides GPs and others providing NHS services for general practice with comprehensive, automatic cover for clinical negligence claims.
As part of this, DHSC has agreed commercial terms with the Medical Protection Society (MPS) covering NHS clinical negligence claims made against their GP members in respect of liabilities arising before 1 April 2019
Further information on the Clinical Negligence Scheme for General Practice – 21 March 2019 update
The government has committed to introduce the state-backed indemnity scheme for general practice in England – the Clinical Negligence Scheme for General Practice (CNSGP) – from 1 April 2019. Information about the scheme can be found on the NHS Resolution website.
Staff working in general practice should consider any action that they need to take in relation to aspects of their work that are not indemnified by the new scheme. General practitioners, for example, will need to maintain membership with a medical defence organisation (MDO) or other indemnity provider or insurer if they wish to retain cover in respect of activities and services not covered by CNSGP, including:
- non-NHS or private work
- inquests
- regulatory and disciplinary proceedings
- employment and contractual disputes
- non-clinical liabilities
This is comparable to the position of clinicians in secondary care who have cover for services not included in the Clinical Negligence Scheme for Trusts, also operated by NHS Resolution.
In November 2017, the government advised that general practice staff with claims-paid or claims-made indemnity arrangements or insurance policies would be required to purchase run-off or extended reporting period cover separately themselves at the point they move to a state-backed scheme, unless the terms of their cover specify any defined circumstances where this would not be required. This position remains unchanged.