Transitional benefits

For professional indemnity claims arising from work done under NHS primary care contracts in England or Wales.

Professional indemnity for claims

We can defend you against claims that arise from the normal practice of clinical medicine in the UK under NHS primary care contracts in England or Wales. 

We will not settle a claim unless you agree. Where it is appropriate that patients are compensated, we aim to do so quickly and efficiently. If you face a claim arising from a period of Transitional Benefits Membership, we can help you with:

  • paying compensation, claimants' legal costs and defence expenses arising from claims for professional negligence arising from your clinical practice (including assistance for your personal representatives and beneficiaries after your death);
  • defence costs (but not damages) for claims which arise from allegations of defamation against you, arising from your clinical practice;
  • defence costs (but not damages) for claims which arise from allegations, which are not proven or admitted, of sexual harassment, sexual misconduct, unlawful discrimination or any other alleged unlawful conduct by you which arises from your clinical practice.

Please refer to more information about your membership and scenarios when we are unlikely to provide support

Taking a career break from an NHS primary care contract in England or Wales

You might wish to take a career break, for example for parental or family leave purposes. In order for you to continue to be able to request assistance with  professional indemnity claims arising from NHS primary care contract work in England or Wales, you will need to keep your membership in place, renewing it if you pass your renewal date.

You may need to continue to pay a subscription although it is likely to be at a reduced rate as you will not be treating patients. Please tell the membership team
before starting your break and when you return to work.

Retiring from practice or leaving Transitional Benefits membership

If during the period we are providing Transitional Benefits for claims you retire from practice or leave the MDU, or die, you (or your personal representatives) can still receive assistance with existing and new claims arising from incidents which occurred during the period of Transitional Benefits membership, in relation to work you were doing under an NHS primary care contract in England or Wales, as long as you apply for and are granted Extended Benefit Rights.

Extended Benefit Rights

You (or your personal representatives after your death) can apply for Extended Benefit Rights by contacting the membership team. In some circumstances an additional subscription may need to be paid. 

Extended Benefit Rights provide an ongoing right to request, or continue to receive assistance from the MDU, when you are no longer an active Transitional Benefits member, for claims arising from a specific incident which happened during a period of Transitional Benefits membership in relation to work you were doing under an NHS primary care contract in England or Wales.

Applications for Extended Benefit Rights must be made before you leave Transitional Benefits membership or up to 30 days after the date on which your membership ended. After your death, your personal representatives have 30 days to apply for Extended Benefit Rights once probate or letters of administration are granted. 

The granting of Extended Benefit Rights in relation to a period of Transitional Benefits membership, relating to work you were doing under an NHS primary care contract in England or Wales, rests at the discretion of the Board of Management of the MDU.

If you apply for, and the MDU grants, Extended Benefit Rights, no additional subscription will be necessary in the following circumstances:

  • you are permanently retiring from medical practice, having reached the normal retirement age for your NHS pension scheme;
  • in the event of your death while you are in Transitional Benefits membership and your personal representatives apply for, and the MDU grants, Extended Benefit Rights;
  • you permanently retire from practice as a result of ill health while you are in Transitional Benefits membership and apply for, and are granted, ill health retirement under the terms of your NHS pension scheme.

In all other circumstances an additional subscription will need to be paid. Extended Benefit Rights will be renewable annually with a further subscription payable each year until a state-backed indemnity scheme is introduced which covers claims arising from the period of Transitional Benefits membership.

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