Doctors Need Insurance For New Mental Capacity Assessments Warns Medical Defence Union, UK

Main Category: Medical Malpractice / Litigation
Also Included In: Mental Health;  Psychology / Psychiatry
Article Date: 10 Nov 2008 - 8:00 PST

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Doctors who assess the mental capacity of mental health patients must have insurance against any liabilities that may arise, under new legislation which has just come into force. The UK's leading medical defence organisation, the Medical Defence Union (MDU) says the regulations mean that doctors who are reliant on discretionary indemnity will not be eligible to carry out these assessments.

The Regulations1 which came into effect on Monday 3 November, set out the eligibility requirements for those who carry out assessments of patients who may have a mental disorder and who lack the capacity to consent, to determine whether it is appropriate to authorise the patient's detention in a care home or hospital.

Dr Christine Tomkins, the MDU's Deputy Chief Executive, commented: "These regulations clearly state that those carrying out assessments of patients must be insured and satisfy the relevant supervisory body that this is the case. Discretionary indemnity is not insurance as it only provides the right to ask for assistance and to have that request considered. We welcome the fact that the Government has recognised that only an insurance contract provides the necessary assurance for patients that they will be compensated if they are negligently harmed. The MDU is the only medical defence organisation in the UK to provide members with professional indemnity insurance2 for negligence claims arising out of their treatment of patients in the primary care and independent sectors."

The General Medical Council (GMC) requires UK doctors to be indemnified and is currently considering what amounts to adequate and appropriate indemnity arrangements. The legislation is clearly relevant to the GMC's decision making.

In the MDU's view, it should be mandatory for UK providers of clinical negligence indemnity to provide practitioners with an insurance policy which would provide adequate safeguards for practitioners and their patients. Discretionary indemnity is unregulated and provides no safeguards for patients.

Reference

1The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 (England)

Article 3 (2) states "The person must -

(a) Be insured in respect of any liabilities that might arise in connection with carrying out the assessment: and
(b) Satisfy the supervisory body that he or she has such insurance

http://www.opsi.gov.uk/si/si2008/uksi_20081858_en_1

2 Since 2000, the MDU has provided its members, who are not indemnified by the NHS, with indemnity insurance for professional negligence claims arising out of their treatment of patients in the primary care and independent sectors. This policy is currently co-underwritten by SCOR Insurance (UK) Ltd and the International Insurance Company of Hannover Ltd, both of whom are regulated by the Financial Services Authority. The other Medical Defence Organisations provide discretionary indemnity to individual members.

Further information

The MDU is a mutual, not for profit, organisation owned by our members who include over 50 per cent of the UK's hospital doctors and GPs. Established in 1885, we were the world's first medical defence organisation. We defend the professional reputations of our members when their clinical performance is called into question. Our benefits of membership include insurance for claims of clinical negligence and a wide range of medico-legal advisory services.

MDU - the UK's leading medical defence organisation.

MDU Services Limited (MDUSL) is authorised and regulated by the Financial Services Authority in respect of insurance mediation activities only. MDUSL is an agent for The Medical Defence Union Limited (the MDU). The MDU is not an insurance company. The benefits of membership of the MDU are all discretionary and are subject to the Memorandum and Articles of Association.

MDU Services Limited