Clinical Negligence Scheme for Coronavirus

The Pharmacists’ Defence Association (PDA) provides indemnity and legal defence costs insurance and individual representation where required to employed and self-employed pharmacists, as part of their standard wider membership offer which is entirely independent of any employer provided scheme. 7

The PDA have launched a new membership category specifically for retirees returning to practice because of the Covid-19 response at a preferential membership fee.

For further information please click here.

The Guild of Healthcare Pharmacists (GHP) recommend that, if you are a pharmacist returning to assist with the Covid-19 response, you are engaged to carry out your activities under a contractual arrangement with an NHS provider that states that indemnity will be provided for any liabilities arising from your work. The indemnity provided by the NHS provider (primary indemnity) should cover all aspects of your work for the provider. If, however, you need additional cover for anything not covered by the indemnity provided by your employer, your GHP membership with Unite the Union Contingent Medical Malpractice Cover (CMMC) will cover you for this. Unite’s CMMC comes into operation to protect you should your NHS employer’s primary indemnity not provide adequate cover, and provides cover for claims made against you (i.e. those not covered under your primary indemnity), your legal liability to pay compensation and any costs or expenses in respect of accidental personal injury.

For those returning pharmacists who are not GHP members, including registered community, academic and industrial pharmacists, GHP have negotiated a reduced rate for pharmacists to join GHP and provide you with CMMC for as long as you are employed to assist with the Covid-19 response. For further information please click here.

The Pharmacy Insurance Agency (PIA) is the main provider of professional indemnity and legal costs scheme for pharmacy technicians as part of their membership. The PIA has arranged a scheme specifically designed for those pharmacy technicians who are returning from retirement to re-register with the General Pharmaceutical Council (GPhC) to assist with the Covid-19 response. This new scheme is entirely independent of any employer-provided scheme and provides professional indemnity and legal defence costs insurance cover and is being offered at a preferential rate to returning pharmacy technicians.

For further information please click here.

During the pandemic, dental staff have at times been asked to work at different practices. These staff will not always have their own clinical negligence indemnity arrangements, leaving the practice owner liable for their actions. If the practice owner’s existing indemnity arrangements do not cover staff they host from different practices, CNSC will provide cover for clinical negligence claims against the practice owner for actions of these staff.

During the pandemic, clinicians including dentists continue to provide care in different ways to minimise the risk of infection. At times this has meant delaying care or providing a different standard of care. It is possible that claims will arise challenging these new practices, for example if a patient feels they were harmed by delays in seeing a dentist in person. As in usual times, dentists are expected to act in line with national protocols and are not liable for outcomes arising as a result of following those protocols. Any claims arising will be handled under the relevant indemnity arrangements as usual.

Public health consultants returning to work for local authorities should check the cover position with the authority in question. Those returning to work for Public Health England will be covered for any clinical negligence arising from their work under state indemnity arrangements administered by NHS Resolution.