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.