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NHS indemnity arrangements for clinical negligence claims in the NHS

This document provides guidance on the conditions which apply to handling clinical negligence claims against NHS staff (NHS indemnity). It defines the terms used and sets out the main principles governing liability for clinical negligence. These state that NHS bodies are vicariously liable for the negligent acts and omissions of their employees and should have arrangements for meeting this liability. They also stress that where negligent harm has occurred, NHS bodies should accept full financial liability and not seek to recover their costs from the health care professional involved. The document then explains which people and circumstances are covered by NHS indemnity and what expenses NHS bodies are responsible for meeting where negligence is alleged. Sources of further guidance on financial support arrangements are noted. The annexes provide examples, in question and answer format, of the applicability of NHS indemnity to common situations and give detailed guidance on indemnity for clinical studies sponsored by pharmaceutical companies.

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