MPS clarifies indemnity arrangements for GPs during a pandemic flu outbreak

Medical Protection Society (MPS) GP members, who are expected to work outside of their normal duties during a pandemic flu, should feel confident that they can turn to the MPS for assistance, in the event they are subject to a clinical negligence claim or other medicolegal matter such as a complaint.

Dr Nick Clements, MPS, Head of Medical Services said: “During a pandemic flu outbreak GPs may be expected to extend their current responsibilities and some retired GPs might be asked to return to clinical practice. It is crucial that there is clarity about indemnity arrangements for GPs during a pandemic flu outbreak, as different considerations apply.

“We would expect doctors who are asked to extend their responsibilities in a pandemic flu outbreak to confirm with MPS or their indemnity provider that they would be indemnified for clinical negligence claims. GPs who are members of MPS and working as a GP during a pandemic flu emergency would be entitled to seek MPS indemnity and assistance in the usual way in the event that they are subject to a clinical negligence claim, complaint or other medicolegal matter.

"This would apply for example if a GP was asked to care for someone at home because the nearest hospitals were full, as we would consider this to be part of their professional responsibilities during a flu pandemic.”

Commenting on GPs who are asked to return from retirement or work as NHS hospital staff, Dr Clements said: “There are special arrangements envisaged for GPs who are asked to return from retirement or work in NHS hospitals. 

"We anticipate further guidance will be published by the Department of Health in the event that these emergency measures need to be put in place. We believe that GPs who are asked to return from retirement to be an employee of a PCT should be offered an honorary NHS contract and, therefore, receive NHS indemnity. GPs who are asked to return to work as an independent contractor should contact MPS and we would be happy to arrange appropriate indemnity.

“GPs - whether currently practising or retired - who are asked by the NHS to work in NHS hospitals should be offered an honorary NHS contract and, therefore, receive NHS indemnity.”

The GMC, in its guidance Good Medical Practice, states that in an emergency doctors must offer assistance taking account of their own safety, competence and the availability of other options for care.  GPs will continue to be responsible for their own individual clinical decisions during a flu pandemic.

Dr Clements added: “GPs, like in any emergency situation, are expected to do the best they can in the circumstances. Doctors and other healthcare professionals will bear the brunt of the strain as the current flu pandemic intensifies.  However, GPs, like all doctors, are highly trained professionals who are well used to acting in stressful and demanding situations.”

“Following on from previous discussions MPS had with the Department of Health, the GMC and other medical defence organisations, we expect further guidance will be published in the event the pandemic flu outbreak intensifies.”

Ends

Notes to editors

1. The guidance, Pandemic Influenza: Good Medical Practice – Responsibilities of doctors in a national pandemic can be found here.