The Principle of Indemnity 

Professional medical indemnity specifically refers to the financial support received by a medical professional who is sued in order to defend a clinical negligence claim and, if needed, to compensate a patient

However, medical professionals working for an NHS body have access to NHS indemnity via a clinical negligence scheme.

Therefore NHS bodies are legally and financially liable for the negligent acts and omissions of their employees (the principle of vicarious liability) in the course of their NHS employment. 

NHS Indemnity applies where: 

  • the negligent health care professional was working under a contract of employment (as opposed to a contract for services) and the negligence occurred in the course of that employment; or 
  • the negligent health care professional, although not working under a contract of employment, was contracted to an NHS body to provide services to persons to whom that NHS body owed a duty of care. 

Clinical Negligence Scheme for Trusts (CNST)

NHS Resolution has, on behalf of the Secretary of State, administered an indemnity scheme covering clinical negligence claims arising from liabilities incurred in the provisions of NHS secondary care. 

This indemnity scheme is referred to as the Clinical Negligence Scheme for Trusts (CNST) and now covers the clinical negligence liabilities of NHS Trusts and other bodies.

When is a medical professional not indemnified? 

NHS Indemnity does not apply to any private or independent practice, even if the work is in addition to work you do for an NHS or HSC body. 

Medical professions who are not covered by CNST need to make their own arrangements for indemnity, such as arranging cover by the Medical Defence Union. 

Medical Defence Union 

Retaining a membership of a MDO will provide indemnity cover for clinical negligence related to non-NHS work, and non-clinical negligence issues including: ​

  • Support in GMC investigations and representation at hearings
  • Assistance with criminal investigations arising from your clinical practice
  • Representation and assistance in coroner inquests
  • Protection for good Samaritan acts and overseas voluntary work
  • Help responding to patient complaints.