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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 can 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.

On this date, the historical clinical negligence liabilities of Medical Protection members, where the adverse incident occurred before 1 April 2019, will be covered, in England, under the Existing Liabilities Scheme for General Practice (ELSGP) and, in Wales, under the Existing Liabilities Scheme (ELS).

These schemes operate alongside the Clinical Negligence Scheme for General Practice in England and the General Medical Practice Indemnity scheme in Wales, which provide clinical negligence cover for claims related to the provision of NHS primary medical services where the adverse incident occurred on or after 1 April 2019. They are administered by NHS Resolution in England and NHS Wales Shared Services Partnership Legal and Risk Services (NWSSP – L&R).

Following agreement in 2019 with the Department of Health and Social Care and the Welsh Government on historical clinical negligence liabilities of members, Medical Protection has continued to manage clinical negligence claims related to the provision of NHS primary medical services before 1 April 2019 for an interim period, this interim period is now coming to an end.

What this means for members

If we are currently managing a clinical negligence claim on your behalf which relates to the provision of NHS primary medical services, we will transfer details of your claim to the relevant administrator and they will, from 1 April 2021, assume responsibility for managing your claim. This transfer process will be completed by 1 April 2021 but could be sooner.

We will contact members who are affected with further information about the process.

If after 1 April 2021 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.

The state indemnity schemes don’t provide cover in every circumstance and members will still need Medical Protection membership in order to request indemnity for claims not related to the provision of NHS primary medical services and assistance with other medicolegal matters such as GMC referrals, ombudsman investigations, performers' list actions, and coroners' inquests.

Who to contact if you need help 

 Members practising in EnglandMembers practising in Wales 
Clinical negligence claims related to the provision of NHS primary medical services where the adverse incident occurred on or after 1 April 2019NHS Resolution 
(CNSGP scheme)
NHS Wales Shared Services Partnership Legal and Risk Services
Clinical negligence claims related to the provision of NHS primary medical services where the adverse incident occurred before 1 April 2019

Medical Protection until 31 March 2021

NHS Resolution from 1 April 2021 onwards (ELSGP scheme) 

Medical Protection until 31 March 2021

 

NHS Wales Shared Services Partnership Legal and Risk Services from 1 April 2021 onwards

Clinical negligence claims unrelated to the provision of NHS primary medical services 

Medical Protection

From 1 April 2019 onwards, your Medical Protection membership must include Claims Protection for you to request assistance with clinical negligence claims arising from activities which fall outside the scope of the Clinical Negligence Scheme for General Practice in England and the General Medical Practice Indemnity Scheme in Wales.

Medical Protection

From 1 April 2019 onwards, your Medical Protection membership must include Claims Protection for you to request assistance with clinical negligence claims arising from activities which fall outside the scope of the Clinical Negligence Scheme for General Practice in England and the General Medical Practice Indemnity Scheme in Wales.

Advice and assistance in relation to any medicolegal matter other than a clinical negligence claim Medical Protection

Medical Protection

NHS Resolution Claims Helpline (CNSGP scheme)

Local:
0800 030 6798
Email:
Visit NHS Resolutions

NHS Resolution Claims Helpline (ELSGP scheme)

Local:
0800 030 6798
Email:

NHS Wales Shared Services Partnership Legal and Risk Services Claims Helpline.

Local:
029 2090 5454
Email:
Visit NWSSP

Frequently asked questions

If you have further questions please visit our Existing Liabilities Scheme FAQ page.  

View Existing Liabilities Scheme FAQ

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