Surgical Indemnity Scheme

28 July 2023

Think you have adequate Indemnity cover? Don't assume that you do ...

Were you aware that the support and cover provided by the Major Medical Defence Organisations (MDU/MPS) is totally discretionary and that they can (and do!) decline to support their member surgeons in difficulty at any time of their choosing? For further information on this topic please refer to the sequelae of the Paterson enquiry (Link here)

Were you also aware that Deanery cover for educational and assessment roles (CS, AES & TPD) is also discretionary? In employment law you are a ‘worker” for the Deanery and an ‘employee’ of the Trust who subcontract you to the Deanery for your educational roles but this does not carry the same indemnity cover as if you were a direct employee of the Deanery unless specifically agreed on an individual basis. However once you achieve SAC membership or become an examiner for the Fellowship then you will be covered for these activities as the JCST and JCIE have arranged appropriate indemnity cover

Anyone thinking that ‘This can’t happen to you’ should reflect upon the experience of a Plastic Surgery TPD who was ‘on his own’ preparing his defence for an industrial tribunal on claims of bullying and racial discrimination until 3 days before the hearing started when his Trust volunteered to support him. He had been declined support by his Deanery (no obligation), the BMA (supporting the trainee) and his MDO (no cover for allegations related to bullying unless GMC involved).

Following on from this we have worked with Medical Insurance Consultants (MIC) to develop a contractual indemnity scheme for Surgeons who work in the NHS and have no private practice as well as those who are fully independent or work in both the Public and Independent Sectors. Unlike the MDO’s these insurers are fully regulated and are contractually obliged to look after you. This policy includes all aspects of practice covered by the MDO’s plus more and comes with an addendum which specifically covers issues arising from education, training and management roles undertaken within the NHS

The cost for NHS only surgeons is £498.00 inclusive of Insurance Premium Tax which is both very competitive with the MDO’s and more secure. This cover also permits medicolegal practice generating up to £10,000 income per annum. (Key Facts and NHS Only Form)

Competitive rates are available for colleagues operating in independent practice are bespoke to the individual surgeon, their specialty and the nature of their practice. (Private Practice Proposal Forms)

As President, I am very enthusiastic to support the development of the Confederation of British Surgery which is a trade union like the BMA but provides you with specialist support for the surgical team at £159 per year rather than the £479 the BMA are currently charging for rather more generic support.

There is the potential for up to a 10% reduction in the total cost if you take advantage of the combined package of NHS indemnity and CBS membership which will be £591 per year or £53 per month. For those in private practice there is the incentive of 1 – 2 years membership of CBS included. A further benefit is integrated Trade Union and Indemnifier support rather than dealing with multiple agencies as our dedicated professional advisor provides support and advice with all issues covered by the Surgical Advisory Service (more information here)

If you would like to learn more and receive a no obligation formal quotation please complete the appropriate proposal form(s) electronically and mail to: indigo@m-i-c.co.uk. Our forms are currently being developed and improved, if you encounter any issues please contact the insurer MIC to discuss your requirements tel: 0333 241 3025 and they will be happy to help.

Read other news articles