Indemnity for clinicians returning to manage COVID-19 response

NHS England has confirmed that former NHS staff returning to support the general practice workforce in managing the COVID-19 response will be covered by the national Clinical Negligence in General Practice Scheme (CNGPS).

All the main Medical Defence Organisations are offering free additional cover to former GP members who are returning to work, and each offers some form of practice group cover that may incorporate other primary care staff returning to work. Pulse Intelligence asked each to outline what cover they are offering returning clinicians – their responses are detailed below.

Medical Defence Union (MDU)

For returning GPs

Doctors, nurses and other healthcare professionals can join the MDU or reactivate their membership for access to medico-legal advice and assistance.

Members can be reassured they can call for advice at any time and we are there to support them if medico-legal issues arise.

Permanently retired members of the MDU can reactivate their MDU membership for an initial three-month period for free, and the MDU has announced a package of benefits to support them. For example, support with medico-legal queries on our 24-hour advice line, complaints advice and support with coroners’ investigations. They should apply via a link on the MDU website.

For GPs who are not MDU members, applications for membership can be completed online.

For returning GPs working remotely

Members do not need to let the MDU know if they are undertaking telephone and/or video consultations instead of face-to-face consultations in their regular roles. 

Where doctors are intending to take on additional work that includes telehealth work, they should let the MDU’s membership department know in advance to ensure that they are paying the correct subscription.

For practices taking on returning allied healthcare staff

Practice nurses and advanced nurse practitioners in general practice will, like GPs, be indemnified in respect of clinical negligence claims by the NHS.  Nurses wishing to have access to MDU medico-legal advice and assistance can apply online here.

Nurse would automatically benefit from any GROUPCARE scheme operating at a practice with an existing GROUPCARE package. We just ask that the practice manager updates the number of nurses on the scheme by going to the GROUPCARE section of the My Membership pages of the website.

Medical and Dental Defence Union of Scotland (MDDUS)

For returning GPs

We are providing free non-claims cover for this group of GPs which includes access to advice, support and assistance with regulatory investigations, inquests or other inquiries or complaints arising from work involved with the treatment of patients with actual or suspected infection with Coronavirus, and the treatment of other patients where regular clinical care has been disrupted as a result of Coronavirus. For those returning to work after leaving the register three years ago or less, this non-claims cover has been applied automatically and there is no need for them to notify MDDUS.

The cover explained above will be extended to retired MDDUS members.

However, we are also offering a New Member non-claims membership.

For GPs working remotely

GPs working remotely do not need additional cover. We have provided advice on remote consulting on our website within our new Coronavirus hub.

For practices taking on returning allied primary healthcare staff

CNSGP covers all practice staff in England and Wales. MDDUS practices in these countries can also access additional benefits for nurses, such as advice and representation supplementary to CNSGP.

In Scotland and Northern Ireland, practice staff in a DPS continue to benefit from indemnity through the vicarious liability of the GP Partners. We understand this will apply for nurses coming out of retirement into a primary care setting to assist with COVID-19 related work.

Medical Protection Society

For returning GPs

Medical Protection Society (MPS) will ensure that recently retired doctors, who are former MPS members and have been reinstated to the GMC register because they wish to support the NHS COVID-19 response, receive automatic and free of charge support with any non-claims issues that may arise as a result of their work during this period such as complaints and disciplinary matters.

The same will apply to medical students drafted in who are current student MPS members, or those who join us before they are drafted in.

This support falls outside of the state backed indemnity scheme, which only provides protection against the financial consequences of clinical negligence claims. The Government has confirmed that clinical negligence claims against those drafted into the NHS will be covered by the state scheme.

MPS is here to support doctors and to ensure they can solely focus on treating their patients during this difficult time.

For GPs working remotely

We understand that in the current situation doctors will have to consult with most of their patients remotely, and advice on this from the appropriate regulatory authorities should be followed.

Please be reassured that should you do a remote consultation with a patient who you would ordinarily see face-to-face, your membership with Medical Protection will enable you to request assistance for matters that could arise from such consultations during this time.

The practitioner should inform the patient why, on that particular occasion, they are proceeding with a remote consultation. In making the decision to consult remotely, the practitioner must balance the risks and benefits in how they consult with their patients and how they advise them. They must also be satisfied that they can adequately and clinically assess the patient remotely. 

Regardless of the unique circumstances, we would recommend doctors make a record of the reasoning behind any decisions made, and the information given to patients, in case it is necessary to explain the approach taken later.

For returning allied primary healthcare workers

Nurses or allied healthcare professionals who are former MPS members and are returning to a practice with a Practice Xtra scheme would be protected and would not need to contact us. 

Information on the Practice Xtra scheme is available here.