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    MPS values 3

    MEDICAL PROTECTION SOCIETY

    PROFESSIONAL SUPPORT AND EXPERT ADVICE

    1

    A guide to MPS membership

    MEDICAL PROTECTION SOCIETY

    PROFESSIONAL SUPPORT AND EXPERT ADVICE

    United Kingdom

    The benefits of belonging to

    the worlds leading medical

    defence organisation

    www.mps.org.uk

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    Contents

    A guide to MPS membership

    This booklet is an introduction tothe benefits of MPS membership.It describes what we do and sets

    out the main benefits and obligationsof membership.

    More information can be found on theMPS website. The information in theguide was current at the time of goingto press, but it may change over time

    so the MPS website is kept up to date.

    About MPS 3

    MPS values 4

    MPS indemnity 7

    Benefits of membership 9

    15

    17

    Co-operation 19

    21

    MEDICAL PROTECTION SOCIETY

    PROFESSIONAL SUPPORT AND EXPERT ADVICE

    Making the most of

    membership

    Limitations of

    membership

    Tony Mason

    Chief Executive

    Eligibility forassistance

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    MPS is not an insurance company. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association. 3

    About MPS

    MPS was founded in 1892. It is a membership organisation

    of healthcare professionals, providing comprehensive

    professional indemnity and expert advice and assistance to

    more than 265,000 members in over 40 countries around

    the world.

    As a mutual, not-for-profit professional organisation, MPS

    is owned by and accountable to its members. Our

    purpose is to protect and promote members professional

    interests, often in a changing environment. We believe that

    patients who have experienced an adverse event are

    entitled to, and should receive, a full and open explanation.

    We also believe that patients who have been harmedthrough a members negligence should receive fair

    compensation.

    We are committed to supporting members throughout their

    careers, and strive to help them wherever possible.

    We offer risk management tools to reduce members

    exposure to risk, and so improve their patients safety and

    satisfaction.

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    MPS values

    MEDICAL PROTECTION SOCIETY

    PROFESSIONAL SUPPORT AND EXPERT ADVICE

    4

    Our principles and purpose are encapsulated in the core

    values of security, quality and fairness, and in our

    commitment to being at the heart of the profession.

    Security

    Fear of litigation tends to rate highly on doctors lists

    of anxieties, so choosing a reliable indemnifier that you

    can trust will be important to safeguard members

    peace of mind.

    Trust comes from confidence that the indemnifier has

    its members interests at heart, and the resources and

    expertise to provide the assistance they need. MPSmeets these requirements: as a mutual society,

    protecting members reputations underpins all we do;

    we are financially strong, and are committed to

    employing highly skilled doctors and lawyers to handle

    members cases.

    MPS has been assisting members of the medical

    profession for almost 120 years and, during that time, has

    earned a reputation as a dependable partner for doctors

    facing medicolegal challenges. We are also forward-thinking

    in our future planning.

    MPS indemnity is enduring. Members do not have to

    worry about making indemnity arrangements to cover their

    retirement or breaks from practice. They can also take

    comfort in knowing that the indemnity continues even after

    their death. This is described in more detail on page 7.

    QualityThe level of service we provide rests on the quality of the

    staff. MPS staff take pride in providing the best service they

    can. We provide the training they need to do their work

    competently, and they bring the enthusiasm, intelligence

    and commitment to excel at their jobs.

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    We believe in a high quality, personal service. We do not

    think of members as being all alike. Our membership

    team are highly-trained MPS staff rather than an external

    call centre.

    We treat all people equally and are committed to providing

    a high-quality service to everyone we deal with, irrespective

    of any personal characteristics, including race, gender,

    sexual orientation, disability, religion or belief.

    Fairness

    Fairness is at the centre of all our actions and decisions. We

    place high value on being moral and fair in our dealings, both

    with members and external suppliers. We firmly believe in

    being transparent and open in how we conduct business.

    MPS holds a large fund of money for the benefit of members.

    This is a responsibility we take very seriously as it is crucial

    that the money be managed wisely so that sufficient fundsare available for assisting members whenever their need

    arises. This means exercising good stewardship to secure

    the ongoing financial health of MPS and to ensure that the

    benefits of membership are allocated fairly in accordance

    with our objectives.

    Transparency is a key aspect of accountability to which we

    fully subscribe. We publish clear information about our

    financial position and the remuneration of the Chief Executive

    and non-executives each year in our Annual Report andAccounts.

    The Combined Code on Corporate Governance sets out

    best practice for the corporate governance of listed

    companies. As an unlisted company, MPS is not obliged to

    comply with the Code, but we have adopted its principles

    of best practice as far as they apply to us.

    Heart of the professionRight from the beginning, MPS has played a key role in

    protecting the integrity of the medical profession.

    Protecting the reputation of the medical profession and

    allied healthcare professionals continues to occupy us.

    We are active in the political sphere, using our years ofexperience and unique international perspective to bring

    influence where it is needed to enhance healthcare

    delivery or to oppose and reshape proposals that could

    otherwise be detrimental to the interests and needs of

    members.

    5MPS is not an insurance company. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association.

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    We also commit significant resources to providing risk

    management and educational programmes for healthcare

    professionals. As a mutual organisation, we share our

    experience with stakeholders, to improve the quality ofhealthcare and understanding about patient safety.

    MPS CouncilMPS Council is the companys board of directors, and

    the majority of its members are clinicians elected by the

    membership. It has discretion, which it exercises in

    accordance with the purpose for which MPS exists ie,

    in the professional interests of individual members and the

    membership as a whole. Council uses discretion to directly

    consider requests for assistance with cases that lie outside

    our normal activities.

    As the majority of Council members are healthcare

    professionals, members can be assured that their cases will

    receive an understanding and supportive consideration.

    All authority ultimately rests with MPS Council. The Councils

    obligations and powers (in addition to those imposed on or

    granted to it by law) are set out in the Memorandum and

    Articles of Association, available on the MPS website.

    MEDICAL PROTECTION SOCIETY

    PROFESSIONAL SUPPORT AND EXPERT ADVICE

    6

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    7

    Occurrence-based protectionMPS indemnity is provided on an occurrence basis. This

    means that as long as the practitioner was a member of

    MPS at the time of the occurrence of an incident, the date

    on which a claim is brought or reported has no bearing on

    the right to seek assistance.

    Alternative models of indemnity provision usually specify

    that the practitioner has a policy in place at the time of the

    incident and at the time that a claim is reported. If there are

    any gaps in the indemnity cover, changes to the policy or if

    a policy has ended, then it is likely that no indemnity will be

    provided leaving the practitioner facing potential financialruin and patients without compensation.

    The nature of clinical negligence is such that there can be

    many years, even decades, between the occurrence of an

    incident and a claim being reported and, therefore, we

    believe that the indemnity provided by MPS is the gold

    standard for professional indemnity, giving peace of mind to

    members and their patients.

    Comprehensive indemnity

    MPS indemnity is comprehensive, because we are not

    restricted by detailed terms and conditions, and other

    constraints found in insurance policies. We are often able to

    help members with unusual problems.

    MPS indemnity rests on the Memorandum and Articles of

    Association, which specifies that all the benefits of

    membership are to be granted at the discretion of MPSCouncil. This discretion allows us to respond to changes in

    the medicolegal environment and assist members with

    unpredictable problems. Our website and the material

    published in Casebookshows the breadth of problems we

    help with.

    MPS indemnity

    MPS is not an insurance company. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association.

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    MEDICAL PROTECTION SOCIETY

    PROFESSIONAL SUPPORT AND EXPERT ADVICE

    8

    MPS indemnity is not limited by financial caps nor do

    we impose a system of excesses. When we take on a

    members case, we take care of all the legal costs and

    compensation payments.

    Advances in clinical practice, changing social

    expectations and political agendas all influence the

    medicolegal environment to varying degrees. Therefore it

    is important that members indemnity arrangements are

    assured to be both robust enough to accommodate

    escalating costs and flexible enough to adjust to new and

    unusual demands.

    For more than a century, MPS comprehensive indemnity

    has fulfilled just such a need. There have been numerous

    instances when we have exercised our discretion and

    assisted members with unusual problems or responded

    quickly to emerging issues.

    It allows us to exercise our discretion to assist members

    with problems that may not have been foreseen and

    therefore not included in a contract of insurance at the

    time of an incident.

    We believe that the combination of occurrence-based and

    discretionary indemnity provided by MPS offers members

    the best possible professional protection, and therefore the

    greatest peace of mind.

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    MPS is not an insurance company. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association. 9

    Benefits of membership

    Medicolegal advice and representation

    Telephone advisory service

    Members may phone us for advice to help resolve everyday

    dilemmas. Our medicolegal advisers respond to more than

    18,000 telephone calls a year. Our phone line is open 24hours a day, 365 days a year, for urgent advice.

    Clinical negligence claims

    This represents about 20% of our caseload, but accounts

    for the largest proportion of annual expenditure, through

    indemnifying members for costs and damages payable in

    clinical negligence claims.

    Complaints

    We can help members formulate a response to a complaint

    and assist and support them through to the resolution of a

    complaint. We work with members to look at why

    complaints arise and how to minimise the risks of

    recurrence.

    GMC procedures

    We can provide advice and legal representation for

    regulatory council inquiries arising from health, performance,and professional or personal conduct. We can help

    members from the outset, whether it be drafting a letter in

    response to a GMC inquiry or providing high-calibre legal

    representation at a full hearing.

    Disciplinary procedures

    We provide advice and representation where members faceallegations arising from the provision of clinical care to

    patients, concerning their professional conduct,

    competence and performance, or in relation to health

    problems that are having a significant effect on their clinical

    performance.

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    Preparing for inquests/fatal accident inquiries (FAI)

    We help members prepare a report for the coroner (or

    procurator fiscal in Scotland) and advise them on how to

    conduct themselves at the inquest or FAI. If necessary, we

    can arrange for legal representation on their behalf.

    Handling media attention

    Where a member attracts adverse publicity, we can issue

    press statements and act as spokesperson to the media to

    shield them as far as possible from having to deal directly

    with the press.

    Criminal proceedings

    We can help members who are the subject of criminal

    investigations that arise directly from their provision of

    clinical care to patients. This includes investigation or

    prosecution for gross negligence manslaughter.

    We can also help members who face an allegation ofindecent or sexual assault, if that arises from their bona fide

    clinical practice.

    It is unlikely that we would assist where the allegations arise

    from personal conduct.

    MEDICAL PROTECTION SOCIETY

    PROFESSIONAL SUPPORT AND EXPERT ADVICE

    10

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    Indemnity for good Samaritan acts

    The benefits of MPS membership are available to members

    who are involved in a claim arising from a good Samaritan

    act anywhere in the world.

    A good Samaritan act is one in which medical assistance

    is given, free of charge, in a bona fide medical emergency

    upon which you may chance, in a personal as opposed to

    a professional capacity. Examples include roadside

    accidents and emergencies at public events you attend as

    a spectator.

    In the unlikely event that legal proceedings follow, members

    would be entitled to apply for assistance, no matter in

    which country the legal proceedings are commenced.

    Unusual requests for assistanceMembers sometimes come up against problems that are

    out of the ordinary. Our guiding ethos is that we are here to

    help, so members should not assume we will not help, just

    because they have encountered a problem that is unusual.

    MPS considers borderline requests for assistance on the

    merits, balancing the individual members needs against

    their responsibility to use members funds wisely and in the

    interests of the membership as a whole. The following are

    examples of problems where detailed consideration of the

    exercising of discretion to assist may be warranted.

    Criminal proceedings arising from non-clinical practice

    We can provide advice and assistance to members with

    legal problems arising directly from their clinical practice.

    We can exercise our discretion to assist with criminal

    allegations, but this does not usually extend to allegations

    of fraud or theft, on the basis that these offences arise from

    the business aspects of practice. However, we recognise

    that there may be rare occasions where the boundaries arenot clear-cut and it may be appropriate to help. Each case

    is assessed on its merits on an individual basis.

    We do not pay or reimburse fines or prosecution costs

    following a conviction, but we do assist members with

    advice and representation before the GMC when a

    member is being investigated as a result of criminal

    proceedings.

    It is unlikely that we would assist with claims brought for

    compensation following a conviction for fraud, theft and

    similar offences, or damages for personal injury following

    11MPS is not an insurance company. All the benefits of membership of MPS arediscretionary as set out in the Memorandum and Articles of Association.

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    criminal acts outside recognised clinical practice. Members

    who have been acquitted of a criminal charge may apply to

    MPS for assistance with any ensuing civil claims, and each

    case will receive individual consideration.

    Allegations of fraud

    It is unlikely that we would provide assistance in connection

    with allegations of fraud arising from business dealings.

    Occasionally, allegations of fraud may have arisen from

    professional life, for example, errors on a CV, or in research.

    Such cases are considered on their individual merits.

    Defamation

    If a member is the named defendant in a defamation claim,

    we may assist if the matter arises from their professional

    practice. Such assistance may extend to an indemnity for

    legal costs and disbursements, but is unlikely to extend to

    the payment of compensation awards.

    Members who are involved in a radio or television

    programme should ask the producer for an indemnity before

    agreeing to participate. Where a member is an official

    spokesperson for a medical association or royal college, we

    would expect that organisation to handle the matter and to

    provide an indemnity for legal costs and damages.

    MPS may exercise its discretion to assist a member in

    bringing a defamation action if the alleged defamation stems

    from their professional practice and their professional

    reputation is likely to suffer serious harm. In this situation we

    would review each case as it develops, retaining the right to

    withdraw assistance at any stage, depending upon

    developments in the case and legal advice received. Having

    decided to provide an indemnity in respect of the members

    legal costs, we would normally take responsibility for paying

    the legal costs incurred, even if the action is unsuccessful

    or withdrawn.

    We are unlikely to support one doctor suing another doctor.

    Other employment and disciplinary issues

    MPS is unlikely to assist where a member faces a

    disciplinary investigation or hearing arising from:

    Employment or contractual issues

    Personal conduct, whether or not during the course of

    the provision of clinical care

    Working relationships with colleagues

    The business of practice.

    MEDICAL PROTECTION SOCIETY

    PROFESSIONAL SUPPORT AND EXPERT ADVICE

    12

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    Where the allegations involve both personal and professional

    conduct issues, it may be appropriate for both MPS and the

    relevant trade union or medical association to be involved.

    MPS is unlikely to provide assistance with claims of race,

    gender and disability discrimination. Cases relating primarily

    to discrimination are the province of medical

    associations/trade unions (BMA, HCSA or equivalent

    bodies). We recommend membership of such an

    organisation for help with contractual disputes and

    allegations of bullying, harassment or discrimination.

    Education and risk managementMPS strongly believes in the preventative value of education

    and risk management. MPS has a wealth of experience

    and expertise in helping doctors and other healthcare

    professionals with ethical and legal problems, and in

    reducing the risks, that arise from their practice. This

    provides a unique insight into the reasons why things go

    wrong and why complaints and litigation occur, and into

    what can be done to reduce this.

    MPS facilitates risk assessments in clinical settings,

    collaborating with academic institutions to deliver accredited

    13MPS is not an insurance company. All the benefits of membership of MPS are d iscretionaryas set out in the Memorandum and Articles of Association.

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    MEDICAL PROTECTION SOCIETY

    PROFESSIONAL SUPPORT AND EXPERT ADVICE

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    courses in risk management, and offering a range of

    workshops designed specifically for healthcare professionals.

    The educational programmes available are based on more

    than 100 years experience and expertise in this field, and

    include courses and other programmes covering:

    Clinical risk management

    Practice systems and processes

    Communication and interpersonal skills

    Professionalism and ethics

    Medicolegal issues.

    One of the features of many complaints and claims against

    healthcare professionals is that of poor communication.

    In 2007, MPS acquired The Cognitive Institute of Australia,

    a specialist provider of communication skills and risk

    management training to healthcare professionals

    throughout the world. Their widely acclaimed courses form

    a key part of the courses now offered by MPS.

    We also produce a range of educational materials, including

    Casebookand other medicolegal publications, information

    leaflets and online educational products. The MPS website

    contains useful advice for reference or download, and

    printed copies of our publications are also available to

    members.

    Stakeholder engagementWe play an active role in the health-policy sphere,

    exercising our influence to ensure that legislation and

    government policy decisions take into account the views

    and interests of members and the wider profession.

    This takes the form of lobbying members of parliament andthe devolved bodies, responding to consultation

    documents, hosting conferences and collaborating with

    other healthcare organisations.

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    MPS is not an insurance company. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association.

    MPS is a discretionary mutual society, not an insurance

    company. Members can ask us for advice or assistance

    with any medicolegal problem arising from their clinical

    practice and requesting help is as simple as picking up

    the phone or writing us a letter or email.

    Apologies and explanationsIn our experience, complaints arise because patients are

    unhappy and this is often due to poor communication.

    Once the facts have been established, we advocate a

    policy of full and open communication. An explanation may

    be all that is needed to reassure a patient and avoid any

    escalation.

    A wall of silence after an adverse incident can compound

    mistrust, and provoke formal complaints and legal action.

    If it is clear that something has gone wrong, an apology is

    called for, and it should be forthcoming. Contrary to popular

    belief, apologies tend to prevent formal complaints rather

    than the reverse. We can advise members on how to

    handle such a situation.

    Cosmetic/aesthetic practice

    MPS defines cosmetic/aesthetic procedures as those

    which have as their primary purpose the alteration of the

    non-pathological external appearance of a patient.Members who carry out cosmetic/aesthetic procedures

    should ensure that this is carried out in an appropriate

    clinical setting, after appropriate training and in compliance

    with all relevant guidelines, including those of

    manufacturers. Members who are not accredited plastic

    surgeons must contact membership services before

    undertaking such work.

    Complementary/alternative medicine

    We recognise that complementary medicine can be

    beneficial to patients and do not wish to inhibit members

    from providing recognised treatments.

    15

    Making the most of membership

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    However, if a member offers patients complementary

    treatments, they should only undertake procedures that are

    in the patients best interests and for which they have the

    requisite skills, training and facilities. In the event of a claim,

    complaint or other legal challenge, the member must be

    able to demonstrate that they were acting in accordance

    with recognised medical practice, and that experts in the

    field would support that form of management.

    If the member offers alternative forms of medicine, they

    must notify us of the technique employed within their

    practice and answer any supplementary questions.

    Working in another country

    Members who plan to work overseas must check with

    our Membership Helpline on 0845 718 7187 before they

    travel to ensure that they have appropriate indemnity

    arrangements. This is particularly important because

    some countries for example, Australia and Germany

    have made it a requirement that all healthcare

    practitioners have insurance-based indemnity.

    MEDICAL PROTECTION SOCIETY

    PROFESSIONAL SUPPORT AND EXPERT ADVICE

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    MPS is not an insurance company. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association.

    Our requirementsTo receive the benefits of MPS advice and assistance,

    members must have been with MPS at the time of the

    events giving rise to the request for assistance. The events

    must not predate the date of joining or rejoining MPS.

    Members must have also paid the correct subscription rate

    and have abided by the terms of membership, as laid out in

    the Memorandum and Articles of Association.

    If a member withholds information or provides false or

    misleading answers, this may adversely affect entitlement to

    the benefits of membership.

    Members must notify us as soon as possible of any

    potential problem; failure to do so may adversely affect the

    support we can provide and the outcome of the case.

    Members must not instruct, or have instructed, directly or

    indirectly, any other representative or organisation to act for

    them, without the prior agreement of MPS.

    Members should not incur legal expenses regarding a

    complaint, claim or other matter, nor agree to paycompensation, without MPSs prior approval. Members are

    personally liable for any such expenses and MPS will not

    reimburse costs incurred.

    The terms of membership are contained in the Memorandum

    and Articles of Association and associated policy documents,

    and it is important to be aware of them. We ask that

    members pay particular attention to the following:

    Pay the correct subscription and let us know of any

    changes in professional lives that may have a bearing on

    17

    Eligibility for assistance

    MEDICAL PROTECTION SOCIETY

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    MEDICAL PROTECTION SOCIETY

    PROFESSIONAL SUPPORT AND EXPERT ADVICE

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    subscription rates number of hours worked, change of

    specialty, increase or decrease in private practice or any

    other income, work abroad, new appointments, etc.

    Notify us of any change of address. We need to know

    members current home or business addresses so that

    we can get in touch if necessary.

    Pay subscriptions promptly.

    Members should contact us before undertaking work

    outside the scope of their normal practice.

    MPS expects members to work within the boundaries of

    their training and experience, and comply with the entry

    criteria set out in application and renewal documents.

    For members on the specialist register, MPS

    membership rates are determined by specialty. It is

    therefore important that MPS is informed of all income

    from each specialty, if appropriate. Full details of MPSs

    requirements can be found on the website

    www.medicalprotection.org/uk/membership/subscription

    and by clicking on the relevant publication.

    We may exercise our discretion to withhold certain benefits

    of membership following a failure to comply with the

    Memorandum and Articles of Association and, in certain

    circumstances, membership may be terminated.

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    Co-operation

    MPS is not an insurance company. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association. 19

    Co-operating with MPSMembers are required (under 40(6) of the Memorandum

    and Articles of Association) to co-operate fully with us, and

    to accept our considered advice and guidance when we

    are assisting with a case on their behalf. This includes

    choice of legal representation. Members should provideinformation promptly when asked to do so, and be

    available for any meetings that may be necessary in the

    proper management of the case.

    MPS cannot take any steps on the practitioners behalf

    without his or her agreement. However, assistance is

    dependent upon the continuing co-operation of the

    member and the acceptance of appropriate advice.

    Where documents or instructions are needed, or meetings

    required, the members input is clearly essential, otherwise

    the legal team is left without instructions and is unable to

    act on the members behalf.

    Where a member has acted contrary to the advice given by

    MPS, either generally or in the specific circumstances of a

    case, a member may be asked to contribute an amount

    towards the total costs of conducting the case.

    Members rights

    Data protection

    Because of the nature of our work, we hold a great deal of

    sensitive personal information and we take the security of

    this information very seriously.

    Our computer systems and paper records are physically

    protected at all times; staff only have access to information

    on a need-to-know basis, and they are all subject to a

    stringent confidentiality policy. We will not give out personal

    information about members to third parties without

    consent.

    MEDICAL PROTECTION SOCIETY

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    Complaints procedure

    If members feel MPS could have done better or there is

    something they believe we should be doing differently, we

    encourage correspondence. Our aim is to resolve concerns

    to members satisfaction and learn any lessons from

    complaints in order to improve our service in the future.

    We will try to resolve complaints as soon as possible. If a

    complaint is complex, we will send the member an

    acknowledgement within three working days, with a

    commitment to give a full response within four weeks. If, for

    any reason, this timetable cannot be met, we will explain why.

    If possible, the complaint should be addressed directly to

    the individual member of staff that the member was dealing

    with. The staff member will attempt to resolve the complaint

    to a satisfactory level quickly and fairly. Alternatively,

    members can raise concerns in writing or by telephone to

    the head of the department concerned.

    All complaints will be treated seriously, fairly and in

    confidence, whether they are made in person, by telephone

    or in writing.

    MEDICAL PROTECTION SOCIETY

    PROFESSIONAL SUPPORT AND EXPERT ADVICE

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    Limitations of membership

    MPS is not an insurance company. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association. 21

    Vicarious liabilityIf an employee commits a negligent act or omission while

    acting in the course of their employment, the employer can

    be held to be vicariously liable for any resulting claim.

    This can apply even in situations where the negligent actwas expressly forbidden by the employer, or where the

    omission represented a failure to follow reasonable

    instructions given to the employee by the employer.

    Our subscriptions are calculated on the basis of the risk

    represented by a single member. Members should not

    expect to be indemnified for the acts and omissions of

    other staff in general, on the strength of a single annual

    subscription.

    It is in members interests to ensure that any employee or

    independent contractor working for them with a high level

    of clinical autonomy subscribes to an indemnity or

    insurance scheme in their own right. This includes, by way

    of example (but the list is not exhaustive), locums, deputies,

    radiographers, nurses, audiologists, physiotherapists,

    counsellors, embryologists, pharmacists and laboratory

    scientists. Moreover, a patient may choose to sue amember of staff personally for negligence. Clearly, this

    reinforces the need for them to arrange their own

    protection.

    Although MPS membership does not extend to an

    indemnity for a members liability to their staff in general, we

    may use our discretion to make an exception in the case of

    claims of negligence against certain employees, such as

    administrative staff and phlebotomists. It is unlikely that

    MPS will extend the benefits of membership to assist with

    claims resulting from vicarious liability for clinically trained

    staff with high levels of autonomy.

    MEDICAL PROTECTION SOCIETY

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    MEDICAL PROTECTION SOCIETY

    PROFESSIONAL SUPPORT AND EXPERT ADVICE

    22

    More information on vicarious liability is available on the

    MPS website: www.medicalprotection.org/uk/guide-to-

    membership/FAQs/what-is-vicarious-liability.

    Vicarious liability and GP partnershipsPartners are jointly and severally liable in legal actions

    brought against the partnership, and it is essential that each

    partner and every assistant is a member of a recognised

    protection or defence organisation, and/or appropriately

    indemnified/insured.

    Vicarious liability and other healthcarebusinessesIf a member forms a company and employs a number of

    staff, the company is vicariously liable for the acts and

    omissions of these employees and, in some circumstances,

    any self-employed independent contractors. A members

    personal indemnity arrangements will not protect them

    financially if a negligence claim is made against the

    company arising from the actions of these staff.

    Whilst prudent practitioners will ensure that professional

    members of staff, eg, nurses, radiographers and

    embryologists have their own indemnity arrangements in

    place, these will be designed to fit the employees own

    needs and protect their interests first. They may not protect a

    members company, particularly if the patient has chosen to

    bring an action against both the practice and an employee.

    MPS Risk Solutions Limited (a wholly owned subsidiary) is an

    insurance company authorised and regulated by the Financial

    Services Authority. This company has been created with the

    specific intention of addressing the corporate malpractice

    insurance needs of doctors and other health professionals in

    business. It can provide information about its corporate

    insurance products and can be contacted on 0113 2410395 or, alternatively, via their website at www.mpsrs.co.uk.

    Claims under US and Canadian lawMPS does not provide indemnity to health professionals

    working in the USA and Canada, other than for good

    Samaritan acts.

    Typically, legal proceedings are started in the country where

    the alleged negligence occurred, which is usually in the

    country in which the patient was treated. It is highly unlikely

    that a patient would be allowed to initiate proceedings in

    Canada or the USA for harm incurred in another country.

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    23MPS is not an insurance company. All the benefits of membership of MPS are d iscretionaryas set out in the Memorandum and Articles of Association.

    In more than 100 years, MPS has never dealt with a case

    where the US or Canadian courts have successfully imposed

    judgment on a member practising in another country.

    Although courts in the USA or Canada are reluctant to claim

    jurisdiction over acts committed in other countries, it is a

    theoretical possibility. If a court in one of those territories did

    try to impose its judgment on an MPS member in a country

    outside its jurisdiction, MPS would ordinarily support that

    member in strongly opposing such an attempt.

    In the unlikely event that a US or Canadian court succeeded

    in imposing its judgment in another country, MPS is likely tolimit any indemnity to the level of damages that would have

    been awarded by UK courts.

    Accordingly, members are advised that they may provide

    professional services to all patients in the country in which

    they are registered to practise, safe in the knowledge that

    they can apply for assistance should legal proceedings ensue

    in the country in which they provided care.

    More information and FAQs about MPS membership can be

    found on our website at: www.medicalprotection.org/uk/

    guide-to-membership/ FAQs.

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    General enquiries

    Tel 0845 605 4000

    Fax 0113 241 0500

    Email [email protected]

    UK medicolegal advice

    Tel 0845 605 4000

    Fax 0113 241 0500

    Email [email protected]

    UK membership enquiries

    Tel 0845 718 7187

    Fax 0113 241 0500

    Email [email protected]

    UK student membership enquiries

    Tel 0845 900 0022

    Fax 0113 241 0500

    Email [email protected]

    UK GP Practice Package enquiries

    Tel 0845 456 7767

    Fax 0113 241 0500

    Email [email protected]

    MPS Educational Services

    MPS Educational Services is a dedicated

    division providing risk management education,

    training and consultancy.

    Head Office

    Tel 0113 241 0701

    Fax 0113 241 0710

    Email [email protected]

    Asia Pacific

    PO Box 1013, Milton

    QLD 4064, Australia

    Tel +61 7 3511 5055

    Fax +61 7 3876 5522

    Email [email protected]

    The MPS group includes the following:

    Dental Protection Limited

    professional indemnity for dental practitioners.

    MPS Risk Solutions Limited

    insurance for healthcare businesses.

    The Medical Protection Society

    33 Cavendish Square

    London, W1G 0PS

    United Kingdom

    The Medical Protection Society

    Granary Wharf House

    Leeds, LS11 5PY

    United Kingdom

    The Medical Protection Society

    39 George Street

    Edinburgh, EH2 2HN

    United Kingdom

    How to contact us

    The Medical Protection Society Limited. A company limited by guarantee. Registered in England No. 36142 at 33 Cavendish Square, London, W1G 0PS.

    Information in this booklet was correct at the time of going to press March 2010. Please visit our website for the most up-to-date information.

    MPS0461: 05/10. Image credits: Cover: dny59/iStockphoto.com; Page 3 and subsequent: sjlocke/iStockphoto.com; Page 10: Alamy/Digitalvision; Page 16: sharply_done/iStockphoto.com;

    Page 20 fotek/iStockphoto.com; Page 23 sjlocke/iStockphoto.com. www.mps.org.uk