NEWS
RCN medical negligence insurance now only applies to self-employed By Katie Osborne
@NS_reporter
HARRISON PHOTOGRAPHY
Changes to the RCN’s indemnity scheme, which provides insurance cover against medical negligence claims, means nurses who work under a contract of employment will no longer be covered. Under the changes, which came into force last week, only self-employed nurses – with the exception of those working in cosmetic practice – will be able to access the scheme. Nurses who do good Samaritan work, such as helping someone in need when they are off duty, and voluntary work will also continue to be covered, as will those on education placements.
The college, which sets aside £5 million a year for insurance claims, has restricted access to the scheme after a small number of independent sector employers began refusing to cover their nurses. The college, concerned that without the change the practice could become widespread, said it was wrong for employers not to take responsibility, adding that it placed an ‘unacceptable financial burden’ on RCN members. RCN director of legal services Chris Cox said the majority of RCN members will remain completely unaffected by the changes, which came into force on July 1. He said: ‘All
Network launch for defence nursing A new network for nurses and healthcare assistants who serve in the armed forces has been launched in Northern Ireland. The Northern Ireland defence nursing network will be a professional network for RCN members where they can share ideas, influence policy and improve patient care. Pictured at the launch of the network at the RCN offices in Belfast are (left to right) RCN defence nursing forum chair Major Chris Carter, RCN Northern Ireland director Janice Smyth, health
minister Edwin Poots, Major Gaby Smyth, lead for the RCN Northern Ireland Defence Nursing Network, and RCN general secretary Peter Carter. Mr Poots said the skills and experience that defence nurses and healthcare assistants developed while in the forces would help patients across the province. He added: ‘This network will be a valuable forum for sharing professional practice and for taking time out to get together with like-minded people who understand the same issues.’
employers are vicariously liable for their employees, which means that if a nurse is negligent, the employer is negligent. Because of that vicarious liability, employers take out insurance.’ The NHS has been running a clinical negligence scheme for more than 20 years. More than two thirds of the RCN’s 400,000 members work for the NHS and are therefore covered.
Responsibility
All other employers, whether they are independent sector, charity, social enterprise, GP practice or out-of-hours providers, have the same responsibilities and should be meeting the costs of clinical negligence claims, says the RCN. But in 2012 practice nurses were excluded from the RCN cover after it was found that some GP practices were trying to shift their insurance costs on to the RCN. More recently, private sector employers have been trying the same tactic, but these latest changes to the scheme will stamp that out. Under legal changes expected to come into force later this month, the NMC will now require all nurses renewing their registration or joining the register for the first time to declare they hold appropriate indemnity cover. Problems will therefore occur only if private sector employers, some of whom have previously relied on nurses being covered by the RCN, refuse to insure their staff. Those nurses would then be required to provide their own cover to avoid being in breach of NMC rules and the law. But Mr Cox said he had only come across that situation once in the past fifteen years: ‘There could be a handful of nurses in this situation. But if an employer is refusing to cover a nurse, we would say it is not a good employer to work for. In these circumstances, a nurse should contact the RCN and we would make representations.’
12 july 9 :: vol 28 no RCNi.com 45 :: 2014by ${individualUser.displayName} on Nov 13, 2015. For personal use only. NoNURSING STANDARD Downloaded from other uses without permission. Copyright © 2015 RCNi Ltd. All rights reserved.
RCN medical negligence insurance now only applies to self-employed By Katie Osborne
@NS_reporter
HARRISON PHOTOGRAPHY
Changes to the RCN’s indemnity scheme, which provides insurance cover against medical negligence claims, means nurses who work under a contract of employment will no longer be covered. Under the changes, which came into force last week, only self-employed nurses – with the exception of those working in cosmetic practice – will be able to access the scheme. Nurses who do good Samaritan work, such as helping someone in need when they are off duty, and voluntary work will also continue to be covered, as will those on education placements.
The college, which sets aside £5 million a year for insurance claims, has restricted access to the scheme after a small number of independent sector employers began refusing to cover their nurses. The college, concerned that without the change the practice could become widespread, said it was wrong for employers not to take responsibility, adding that it placed an ‘unacceptable financial burden’ on RCN members. RCN director of legal services Chris Cox said the majority of RCN members will remain completely unaffected by the changes, which came into force on July 1. He said: ‘All
Network launch for defence nursing A new network for nurses and healthcare assistants who serve in the armed forces has been launched in Northern Ireland. The Northern Ireland defence nursing network will be a professional network for RCN members where they can share ideas, influence policy and improve patient care. Pictured at the launch of the network at the RCN offices in Belfast are (left to right) RCN defence nursing forum chair Major Chris Carter, RCN Northern Ireland director Janice Smyth, health
minister Edwin Poots, Major Gaby Smyth, lead for the RCN Northern Ireland Defence Nursing Network, and RCN general secretary Peter Carter. Mr Poots said the skills and experience that defence nurses and healthcare assistants developed while in the forces would help patients across the province. He added: ‘This network will be a valuable forum for sharing professional practice and for taking time out to get together with like-minded people who understand the same issues.’
employers are vicariously liable for their employees, which means that if a nurse is negligent, the employer is negligent. Because of that vicarious liability, employers take out insurance.’ The NHS has been running a clinical negligence scheme for more than 20 years. More than two thirds of the RCN’s 400,000 members work for the NHS and are therefore covered.
Responsibility
All other employers, whether they are independent sector, charity, social enterprise, GP practice or out-of-hours providers, have the same responsibilities and should be meeting the costs of clinical negligence claims, says the RCN. But in 2012 practice nurses were excluded from the RCN cover after it was found that some GP practices were trying to shift their insurance costs on to the RCN. More recently, private sector employers have been trying the same tactic, but these latest changes to the scheme will stamp that out. Under legal changes expected to come into force later this month, the NMC will now require all nurses renewing their registration or joining the register for the first time to declare they hold appropriate indemnity cover. Problems will therefore occur only if private sector employers, some of whom have previously relied on nurses being covered by the RCN, refuse to insure their staff. Those nurses would then be required to provide their own cover to avoid being in breach of NMC rules and the law. But Mr Cox said he had only come across that situation once in the past fifteen years: ‘There could be a handful of nurses in this situation. But if an employer is refusing to cover a nurse, we would say it is not a good employer to work for. In these circumstances, a nurse should contact the RCN and we would make representations.’
12 july 9 :: vol 28 no RCNi.com 45 :: 2014by ${individualUser.displayName} on Nov 13, 2015. For personal use only. NoNURSING STANDARD Downloaded from other uses without permission. Copyright © 2015 RCNi Ltd. All rights reserved.
