PROFESSIONAL LIABILITY INSURANCE SCHEME

This scheme has been arranged to cover members of:
Community Practitioners’ & Health Visitors’ Association
Mental Health Nurses Association
Society of Sexual Health Advisers
College of Health Care Chaplains
Osteopaths in the Independent Practitioners Section
Midwives
Other nurses
Association for Perioperative Practitioners (AfPP)
Operating Department Practitioners Disabled Housing Trust Carers
The National Schizophrenic Association Therapists
Members of the Clergy Section who are practicing Clergy
Specified groups of members within the “Not for Profit” Section
Counsellors and Psychotherapists
Family Therapists

Cover is included automatically for members who are employed, and is based on the assumption that the employer provides cover for duties undertaken in the course of such employment. This cover is contingent should for some reason indemnity be refused under the employer’s policy.

Please note that all policies contain exclusions. Should the employer’s policy not apply because the claim is outside the scope of the policy, it is likely that the claim will be outside the scope of this policy also – e.g. criminal prosecutions are not included.

This note outlines the policy cover, and explains when and how insurers should be notified of a potential claim

CRITERIA FOR COVER
MHNA members should note that their professional liability insurance policy will automatically cover them both within and without the NHS as long as:
1. They are qualified to do the work in question and, where necessary have been assessed for competency.
2. The practitioner acknowledges their own competence in this area of work and are working within their scope of practice.
3. They adhere to their professional code of conduct.
4. The Trust or employing authority or other employing organisation have acknowledged that the work is part of the practitioners’ role and is within their scope or professional practice.

These four criteria are paramount for members to ascertain for themselves if they are covered. With these criteria in mind some common queries are:
a. Counselling, Baby Massage, Reflexology and other Complementary Therapies. You are covered if you undertake these practices within your practice if your employer is aware that you are doing this and have agreed it is part of your role. You are not covered for private practice in these areas or for work you undertake on a self-employed basis.
b. Agency work including nursing and midwifery. In most cases agencies are not employees, you are deemed to be in employment by the organisation which engages the agency. You are therefore covered. For midwifery practice you should ensure that you fulfil the rules for midwives in respect to professional updating.
c. Self funded students on practice placement. You should ensure that you have an honorary contract in writing with the Trust where you are undertaking the placement.
d. Helping in a voluntary capacity but as a nurse. This could be for example accompanying children on holidays where a nurse is required. If you are working in voluntary capacity you are covered. If you are being paid and it is not part of your regular work, you need to ensure you have a written contract for the fixed period. This would then effectively make the organisation you are working with your employer for that period.
e. Nurse prescribing. All practitioners who have passed the course are covered.

Members should be clear that anyone who is self-employed is not covered.

COVER
ROYAL & SUN ALLIANCE (“THE INSURER”) WILL INDEMNIFY EACH INDIVIDUAL MEMBER
1. Up to a limit of £3,000,000 against the member’s legal liability for damages in respect of:
a) accidental injury (bodily injury to or death disease or illness of any person) and, where accidental injury has not occurred, breach of professional duty consequent upon any neglect error or omission in providing advice, treatment or prescriptions.
b) accidental loss of or damage to material property happening during the period of insurance in connection with the insured person’s activities as a member of one of the insured sections

THE INSURER WILL ALSO PROVIDE INDEMNITY
1. against legal liability for claimants' costs and expenses in connection with the above
2. in respect of
a) costs of legal representation at:
1) any coroner’s inquest or inquiry in respect of any death
2) proceedings in any court arising out of any alleged statutory duty resulting in an occurrence as shown under 1. above
b) all other costs and expenses in relation to any matter which may be the subject of indemnity under 1. above

INCURRED WITH INSURER’S WRITTEN CONSENT
Exclusions
The cover excludes:

• Legal liability in respect of incidents happening within the United States of America
• Legal liability involving mechanically propelled vehicles.
• Actions involving criminal prosecution

Conditions
Policy conditions include reference to the following:

• You must take reasonable precautions to prevent any occurrence or to cease any activity which may give rise to a claim

• You must give the insurer immediate written notice with full particulars of any occurrence which may give rise to a claim and every claim, writ, summons etc received will be forwarded to the insurer immediately (see claims below).

• You must also give immediate written notice to the insurer of any prosecution, inquest or inquiry in connection with any occurrence which may give rise to a claim.

• No admission offer promise payment or indemnity will be made or given by you or the Union without the written consent of the insurer

• You and the Union must give all such assistance as the insurer may require

Claims
Because this cover assumes that your employer carries insurance for your actions as an employee, claims will be directed initially to your employer.

However, as soon as it becomes apparent that you personally are being included in any action, then you must make immediate notification.

Claims should be notified to Carol English in the Amicus Health Sector or to an Amicus Full Time Officer based in a Regional
Centre.

Important Notes:

• The information in this summary is for guidance only. The actual policy wording is held by Amicus Union and can be viewed on request.

• A Member is a subscriber to the named divisions within Amicus Union, whose subscriptions have been paid in accordance with the Union’s rules of membership

March 2006