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Clinical Indemnities Reform

My noble friend the Parliamentary Under-Secretary of State for Patient Safety, Women's Health and Mental Health (Baroness Merron) has made the following Written Statement

I am pleased to report that through the National Institute for Health and Care Research, my Department has commissioned an independent evaluation of the sector-led Voluntary Code of Practice (the Code) launched by medical defence organisations (MDOs) on 6th January this year.

The intention to develop a sector-led Code to address concerns highlighted by the Paterson Inquiry report was previously announced in March 2024. The Code has now been launched as planned by the Medical Defence Union, Medical Protection Society and Medical and Dental Defence Union of Scotland.

Clinical negligence cover is the system that enables patients to receive compensation if they are harmed during treatment through the cover held by regulated healthcare professionals such as doctors, nurses and dentists. The Code aims to improve the transparency and clarity of MDOs’ operations and the discretionary indemnity they provide healthcare professionals whose activities (e.g. private practice) are not covered by state schemes. With these improvements and healthcare professionals’ better understanding of the appropriate cover required for their scope of practice, there will be greater protection for patients’ access to compensation if harmed during treatment.

The full Code, which can be accessed on the MDOs’ websites, sets out seven core principles described under the following headings:

Corporate governance

• Fair member treatment
• Scope of benefit available to members
• Decision making
• Independent Complaints Review Service (ICRS)
• Financial attestation
• Statement of adherence

This short-term evaluation focuses on the implementation of the Code. We will be exploring a further commission to assess impact and whether further interventions are required.

We continue to consider further policy options to reform the clinical negligence cover system such as addressing cover for criminal acts to improve patients’ access to compensation, and I will provide an update in due course.