Medical indemnity offers doctors financial protection against claims resulting from clinical negligence. Every doctor working in the UK is required by law to have adequate indemnity in place before beginning practice. This is to cover legal defence fees if a patient sues for negligence, and any compensation awarded to the patient.

Doctors whose indemnity falls short of ‘adequate and appropriate’ can be denied a licence to practise or struck off by the GMC.¹ 

For those working in the NHS, the minimum legal requirements are covered through state-backed indemnity schemes (although there is no state indemnity for GPs working in Northern Ireland and Scotland).

The gaps left by state indemnity can be filled by insurance – usually bought as a stand-alone policy from an insurance company – or by discretionary indemnity provided by a medical defence organisation (MDO).

The cost of medical indemnity varies widely and depends on the estimated risk of your practice. This will be influenced by your medical field, your experience, and your claims history.

At Medical Protection your subscription is tailored to the work you undertake at each stage of your career. We offer free membership for students, a number of fixed-price options, and subscriptions that take into account the type of work you do, the risks you face, the amount of work you carry out, and the income you earn. The best way to find out how much your subscription will cost is to get a quote.

Yes. Whether your indemnity provider is an insurer or a Medical Defence Organisation (MDO), medical indemnity is considered a legitimate business expense incurred as part of performing professional duties. It can therefore be claimed as an allowable expense.

No. Medical malpractice insurance is usually bought as a stand-alone policy from an insurance company. It provides cover within set limits and restrictions, set out in the terms of a legally binding contract. Insurance policies are ‘claims-based’, meaning they only cover claims for incidents that happen while the policy is valid.

Medical indemnity - as provided by a mutually owned, non-profit organisation known as a medical defence organisation (MDO) - is typically part of a wider package of benefits, which are discretionary. There is no contract stipulating the circumstances under which a claim will be paid. This allows MDOs the flexibility to offer as much help as is needed, especially in unforeseen situations. Medical Protection offers ‘occurrence-based’ protection with no limits on the indemnity that may be requested.

It is important to note that in order to meet GMC indemnity requirements, indemnity insurance products are not the only option. Discretionary medical indemnity as provided by an MDO meets regulatory requirements. 

This depends on the type of policy or membership you buy. A typical medical insurance policy covers claims related to medical errors, negligence, or misdiagnosis that result in harm to patients. This cover is provided within set limits and restrictions, set out in the terms of a legally binding contract.  

In contrast, Medical Protection membership offers indemnity with no caps or limits. Membership of a medical defence organisation (MDO) typically includes protection and support through a wide range of medicolegal scenarios, including the right to request indemnity for clinical negligence claims, advice and legal representation for coroner's inquests, disciplinary and regulatory proceedings and criminal investigations related to your professional practice.

Medical malpractice insurance is usually bought as a stand-alone policy from an insurance company. It provides cover within set limits and restrictions, set out in the terms of a legally binding contract. Insurance policies are ‘claims-based’, meaning they only cover claims for incidents that happen while the policy is valid.

Extended reporting rights that cover historical liabilities – sometimes known as run-off cover – have to be purchased separately. This is worth considering, given the average delay between an incident and the reporting of a claim is currently over five years.² Another option would be to choose ‘occurrence-based’ indemnity from an MDO.

A plan offered by a medical defence organisation (MDO) provides protection and support for a number of medicolegal scenarios, such as clinical negligence claims, disciplinary proceedings, and GMC investigations. The indemnity offered is usually ‘occurrence-based’, encompassing incidents that happen during the membership or policy period, regardless of when the claim is made.

This means that if a claim is made years after an incident occurs, you can request assistance, as long as your membership was valid at the time. This is worth considering, given the average delay between an incident and the reporting of a claim is currently over five years.³ Most MDOs offer indemnity within a package of additional services that help reduce the risk of receiving a claim or complaint, and offer support through the stress of an investigation.

For example, the benefits offered by Medical Protection include:

• Indemnity for clinical negligence claims
• Support and representation in GMC investigations
• Help in disciplinary proceedings
• Assistance with criminal investigations arising from your clinical practice
• Representation and assistance in coroner inquests
• Help responding to patient complaints
• Medicolegal advice line, available 24/7 for emergencies
• Support for managing unwanted media attention
• Protection for Good Samaritan acts worldwide
• CPD courses and online learning
• Digital publications, factsheets, and case studies
• Confidential counselling and wellbeing advice
• HR and business support for practices in partnership with Croner, the UK’s leading provider of workplace information, advice, and guidance