Updated statement about existing liabilities scheme

Updated statement about existing liabilities schemes for MDU GP members in England and Wales

Dr Christine Tomkins, MDU chief executive, said:

'Following pressure from the MDU and others, state indemnity for general practice (CNSGP) was launched in England on 1 April 2019 for future claims arising from incidents on or after that date. Regrettably it still does not address liabilities arising from incidents before that date for MDU members.

'Despite lengthy discussions ahead of the introduction of the CNSGP, the Department of Health and Social Care (DHSC) proposed no scheme that would be acceptable for the MDU's GP members' existing liabilities.

'It was a concern that so many GPs did not have state indemnity in place for their existing liabilities and on 13 June 2019 we informed our members that we decided to take legal action against DHSC on behalf of our English GP and other members. The legal action is still ongoing and the fact of that action should not preclude sensible discussions. Our preferred option remains an agreed solution that makes good on the government's promise to protect GPs from the rising cost of claims.

'In July 2019 we also informed members that we were also taking legal action against the Welsh government on behalf of our Welsh GP and other members. This action arose because the Welsh government's state indemnity scheme for general practice (GMPI), also launched on 1 April 2019, only responds to future claims arising from incidents on or after that date. No scheme is in place to address the MDU's Welsh GP members' existing liabilities.

'We remain committed to finding an acceptable solution that takes into account the interests of all our members. Litigation remains ongoing but that should not prevent the Welsh government engaging with us in a meaningful way in order to find a solution.'