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NHS: Private Sector

Health written question – answered on 18th July 2013.

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Photo of Jamie Reed Jamie Reed Shadow Minister (Health)

To ask the Secretary of State for Health

(1) what safeguards are in place to ensure that private healthcare providers operating NHS contracts carry sufficient insurance indemnity to meet any future claims for medical negligence made against them;

(2) whether private healthcare providers fulfilling contracts for the NHS are able to use the NHS Litigation Authority scheme to meet future claims;

(3) whether private healthcare providers fulfilling contracts for the NHS bear the full indemnity in cases of medical negligence on their part.

Photo of Daniel Poulter Daniel Poulter The Parliamentary Under-Secretary of State for Health

The NHS Standard Contract requires all contractors of national health service care to hold and maintain adequate and appropriate indemnity arrangements. The commissioner issuing the contract should always ensure that sufficient indemnity insurance is in place.

Private health care providers are now able to use the Clinical Negligence Scheme for Trusts. Changes were made to secondary legislation to allow this to happen from April 2013.

The NHS Litigation Authority (NHS LA) bears the full indemnity for private health care providers in cases of medical negligence, where providers are a paid up member of an appropriate NHS LA scheme.

Private health care providers are also able to procure clinical negligence indemnity cover from the insurance market.

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