Pandemic flu and indemnity
We have been in discussion with the Department of Health for some time in order to ensure that the arrangements for indemnity provision in the event of a pandemic are very clear.
Publication date: 19 June 2009
We are pleased to confirm that the indemnity currently provided by the MDU to its members will encompass any adaptations that members need to make to their normal practice during a pandemic.
Members may be reassured that the professional indemnity insurance policy, provided as a benefit of MDU membership, provides cover1 for the provision of professional services to patients irrespective of how members choose to treat or prioritise individual patients during a flu pandemic. It rests with the clinical judgement of individual members to determine how best to provide those professional services in what might be unusual or difficult conditions and members may continue to approach the MDU for advice or assistance in the event that they encounter medico-legal difficulties or ethical issues arising in such circumstances.
Doctors who are asked by the NHS to undertake additional sessions or work outside their usual duties for the duration of the pandemic, for example GPs doing triage in an A&E department, should let the MDU's membership department know. We would expect most additional work to be NHS indemnified, but all the other benefits of MDU membership would operate in the usual way in respect of any medico-legal problems arising from such work.
Resources
With the increased pressure on resources that is likely to arise during a pandemic, some doctors have raised concerns about whether they will be at greater risk of encountering criticism. The GMC has produced a special version of Good Medical Practice to cover what will be expected of doctors in a flu pandemic which addresses the issue of limited resources.2 The GMC says that it has recognised "that constraints on time and other resources may limit doctors' ability to provide detailed information or help for patients". The GMC also states that: "It is clear that compromises on the normal high standards of practice in the UK may need to be made. Equally, it is important that patients are not put at unnecessary risk."
"Doctors need to feel confident that they are working within agreed standards and principles of practice, and will not be subject to criticism because of the difficult decisions they are forced to make, or the standards of care provided during a pandemic."
The MDU anticipates that provided that doctors act within their skills and competence, common sense is likely to prevail and additional complaints are unlikely to arise. Members are however welcome to approach the MDU for assistance in the event that care provided during a pandemic were to be criticised.
Retired doctors
We will provide detailed advice for retired doctors who wish come back into temporary registration with the GMC, to help out for the duration of the pandemic, when the GMC publishes its final specific guidance on this issue.
In the meantime, our understanding is that all such roles are likely to be NHS indemnified. We realise however, that retired members may wish to reactive their MDU membership for access to the additional medico-legal benefits we provide and they will need to contact our membership department at that time to do so.
Members with questions about any aspect of their indemnity arrangements can contact the MDU's membership department on 0800 716376 for specific advice.
- Subject to the usual terms and conditions of the policy
- Good Medical Practice: Responsibilities of doctors in a national pandemnic, GMC 2009
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