Dr Christine Tomkins, MDU chief executive, said:
'Following pressure from the MDU and others, state indemnity for general practice (CNSGP) was launched on 1 April for future claims arising from incidents on or after that date. Regrettably it does not address liabilities arising from incidents before that date for the great majority of English GPs.
'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 is a concern that so many GPs do not have state indemnity in place for their existing liabilities and on 13 June we informed our members that we decided to take legal action against DHSC on behalf of our English GP and other members. The fact of legal 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.
'We are now informing members that we are also taking legal action against the Welsh government on behalf of our Welsh GP and other members. This action arises because the Welsh government's state indemnity scheme for general practice (GMPI), also launched on 1 April, will only respond to future claims arising from incidents on or after that date. No scheme is in place to address Welsh GPs' existing liabilities.
'The MDU was engaged in discussions with the Welsh government about GPs' existing liabilities ahead of 1 April and we continue to liaise with Welsh officials. We hope a solution may be found, but three months have passed and we need to take action as there is no sign of a scheme that is acceptable for the existing liabilities of the MDU's Welsh GP members, or indeed, so far as we are aware, for any GPs in Wales.'