Clinical Negligence Scheme for General Practice

The Clinical Negligence Scheme for General Practice (CNSGP) is a new state indemnity scheme for General Practice in England operated by NHS Resolution. The new scheme came into effect from 1 April 2019.

Scope of the scheme

The CNSGP provides cover for all providers of NHS primary medical services, including out of hours providers. The scheme covers clinical negligence claims resulting from incidents on or after 1 April 2019. Any incidents which occurred before that date will be covered by each GPs' previous indemnity provider/medical defence organisation. If there is a series of events that straddle both periods, the new scheme will only cover the element relating to incidents on or after 1 April 2019.

Helpful online guidance from NHS Resolution provides further information on the parameters of the scheme, including that:

• Cover extends to “all GPs and others working for general practice who are carrying out activities in connection with the delivery of primary medical services – including salaried GPs, locums, students and trainees, nurses, clinical pharmacists and other practice staff.”
• “The place at which activities are carried out, the status of the person carrying out the activity, the form of the entity responsible for the provision of the NHS services in question and the individual circumstances of the patient concerned are not relevant to the scope.”
• “Claims made against GP practices or other organisations providing NHS primary medical services or ancillary health services will be covered under the scheme. This includes claims made in respect of liabilities that arise as a consequence of the acts or omissions of employees and others engaged to carry out activities connected to the provision of such services.”

It is important to note that certain medico-legal services are not covered by CNSGP (save for those relating directly to clinical negligence claims). This includes, for example, representation at inquests or for professional regulatory matters, non-NHS work as well as criminal or GMC investigations.

Comment

The good news is that for the first time clinical negligence claims relating to both the primary and secondary sectors from 1 April 2019 will now be managed and operated by one organisation - NHS Resolution. This will provide a unique opportunity to NHS Resolution in the future to look at claims data relating to both sectors and share learning for the benefit of patients and with the aim of improving patient safety.

Read other items in Healthcare Brief - June 2019