As someone who speaks to clinicians daily, I often hear: “I’ve got indemnity, I’m covered.” But the truth is, indemnity cover isn’t one-size-fits-all, and the type of protection you have depends heavily on the structure of your practice and the provider you choose.
Understanding the landscape of indemnity
There are three broad areas clinicians need to be aware of when it comes to indemnity:
- State-backed indemnity – For NHS clinicians, indemnity is provided by the state for claims relating to NHS work. While this covers clinical negligence claims, it often doesn’t extend to other areas, such as GMC investigations, disciplinary hearings, or private work.
- Private indemnity – Clinicians undertaking private practice must arrange their own indemnity. This is where the detail becomes crucial, as products can vary widely in what they cover and how support is delivered.
- Contractual vs. discretionary indemnity – Within private indemnity, providers typically offer cover on either a contractual or discretionary basis. Contractual indemnity is a legally binding agreement, setting out clear terms of what is and isn’t covered. Discretionary indemnity, by contrast, allows providers to decide whether or not to support a clinician on a case-by-case basis.
Why this matters for clinicians
Many clinicians assume that all indemnity arrangements offer the same protection – but differences between state, private, contractual, and discretionary schemes can be significant. These differences can affect not only whether you receive support during a claim but also how predictable and transparent that support is.
Taking the time to understand the nuances of your indemnity arrangements is key. Whether you’re working solely within the NHS, running a private practice, or balancing both, knowing where the boundaries of your cover lie will help you plan with confidence and avoid unexpected gaps.
What should you do next?
Indemnity might not be the most visible part of a clinical career, but it is one of the most critical safeguards for your practice, reputation, and livelihood. A useful first step is to review your current arrangements and clarify:
- Does state indemnity apply to all of your work, or are there areas where you need private cover?
- If you hold private indemnity, is it contractual or discretionary?
- Are you confident your policy supports you beyond negligence claims, for example with GMC investigations or complaints?
By asking these questions, clinicians can ensure they are not only covered on paper but also protected in practice.
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