|Clinical negligence claims in the UK
Under the Medical Act 1983 (Amendment) and Miscellaneous
Amendments Order 2006, and the Dentists Act 1984 (Amendment) Order
2005, licensed primary care medical and dental practitioners must
have adequate and appropriate insurance or indemnity cover, as
All clinical negligence claims against member NHS
bodies in secondary carecare which is typically provided
in local hospitals on referral from primary careare handled
by the Clinical Negligence Scheme for Trusts, which is run by
the National Health Service Litigation Authority.
In primary carecare received on first contact
with the medical systemmedical defence organisations (such
as the Medical Defence Union and the Medical Protection Society)
offer one of the systems below, or a combination of both, against
the cost of clinical negligence claims brought against primary
care providers such as GPs and dentists.
Clinical negligence insurance
provides a contractual right to assistance for professional negligence
claims arising out of treatment in the primary care and independent
sectors, subject to the terms of the policy. Financial limits
are applied. Cover is provided on a "claims-made" basis,
which means that existing members are entitled to assistance as
long as they were a member at the time of the incident. Cover
is discretionary for those who have ceased to be members.
Under a system of discretionary indemnity,
cover is provided at the discretion of the indemnifying organisation
and is not therefore guaranteed. There are no financial caps and
it is offered on a "claims-incurred" basis which means
that all claims that arise from any period when an individual
was a member of the scheme fall within the cover even if the claim
may be reported many years after they ceased to be a member.