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ELSGP and CNSGP Indemnity scheme

Freedom of information request details

FOI request date:

Service: Claims Management

The following information was requested:

The information is requested as part of research for a paper on insuring clinical negligence.

My queries are:
• Does the CNSGP scheme indemnify a doctor against clinical negligence liability where the doctor is sued in a private capacity, or does the CNSGP pays the compensation in its capacity as employer because it has been held vicariously liable for their employee’s negligence?
• Why does the ELSGP cover historic claims made against members of the MDDUS or MPS only — what was the reason for not including members of other MDUs?
• Have the MDDUS or MPS paid NHS Resolution a proportion of the original premium in return for taking on the risk?
• Will the ELSGP pay claims where the healthcare professional is sued in their individual capacity (ie they are responsible financially for their own negligence)?
• Will the ELSGP pay claims where the healthcare professional’s NHS Trust is sued as responsible for their staff’s negligence (ie vicarious liability)? In which case, will the ELSGP only pay these claims where the healthcare professional in question was a member of the MDDUS or MPS?

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