Transfer of clinical negligence claims relating to historical liabilities in England and Wales
From 1 April 2021 Medical Protection members working in primary care in England and Wales have been able to turn to state indemnity schemes for help with a clinical negligence claim related to the provision of NHS primary medical services, regardless of when the incident occurred.
The Clinical Negligence Scheme for General Practice (CNSGP) in England, and the General Medical Practice Indemnity (GMPI) scheme in Wales, were introduced on 1 April 2019 to provide clinical negligence cover for claims related to the provision of NHS primary medical services where the adverse incident occurred on or after that date. They are administered by NHS Resolution (NHSR) in England and NHS Wales Shared Services Partnership Legal and Risk Services (NWSSP – L&R).
Two years later, following negotiations with the Department for Health and Social Care and the Welsh Government, NHS Resolution and NHS Wales Shared Services Partnership Legal and Risk Services assumed responsibility for historical clinical negligence liabilities of Medical Protection members where the adverse incident occurred before 1 April 2019.
This was a positive move for general practice members in England and Wales as it means they can now turn to a Government backed scheme for help no matter when they become aware of a claim against them in future. It mirrored the approach taken for hospital doctors when their state indemnity arrangements were introduced in 1990.
What this means for members
If you need assistance with a new clinical negligence claim related to the provision of NHS primary medical services, you should approach either NHS Resolution or NWSSP – L&R using the contact details below, regardless of when the adverse incident occurred.
Please be mindful that state indemnity schemes don’t provide cover in every circumstance, and we recommend you check the scope of the state schemes carefully.
As a Medical Protection member, you continue to have the right to request indemnity and assistance with clinical negligence claims not related to the provision of NHS primary medical services, provided Claims Protection is included in your membership.
We also continue to be here for members seeking assistance with other medicolegal matters such as GMC referrals, ombudsman investigations, performers' list actions, and coroners' inquests.