Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Negligence definition

What does Negligence mean? In legal practice, negligence describes a failure to take reasonable care that results in foreseeable harm or loss. It is proved by establishing: (i) a duty of care, (ii) breach of that duty measured against the objective standard of a reasonable person, (iii) causation (factual “but for” cause and legal scope/remoteness), and (iv) recoverable damage. The concept is defined and developed by case law. A classic formulation is that negligence is omitting what a reasonable person would do, or doing what a prudent person would not (Blyth v Birmingham Waterworks (1856) 11 Ex Ch 781). The test is objective: the

England GP state-backed indemnity: CNSGP and ELSGP—coverage, exclusions, eligibility, key dates and NHS Resolution claims handling

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Introduction

GPs working in the NHS typically practise in partnerships, or within NHS out-of-hours or walk-in centres. Private GPs can be self-employed or employed by larger organisations, such as health insurance providers. Until 1 April 2019, GPs were required to secure their own professional indemnity insurance. Historically, cover came from one of the three principal Medical Defence Organisations (MDOs): the Medical Defence Union (MDU), the Medical Protection Society (MPS) and the Medical and Dental Defence Union of Scotland (MDDUS), each ensuring the legal obligation was satisfied.

In 2019 and 2020, two new government schemes were launched to deliver state-backed indemnity for GPs and practice staff, removing the need for them to arrange and pay for their own cover in respect of liability for clinical negligence linked to the provision of NHS services. The National Health Service () Regulations 2019 (the 2019 Regulations), SI 2019/334 (CNSGP), effective from 1 April 2019, covers GP practice clinical negligence liabilities arising on or after 1 April 2019. The National Health Service (Existing Liabilities Scheme for General Practice) Regulations 2020 (the 2020 Regulations), SI 2020/296 (ELSGP), effective from 6 April 2020, covers relevant existing tortious...

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Suzanne Farg

Fieldfisher

Suzanne Farg specialises in medical negligence law and has practised in this field since 2009. She has extensive experience in acting for disabled children and adults who have been injured by failures in medical treatment, across a wide range of medical specialisms, including brain, spinal, orthopaedic and bowel injuries, genetics, and infectious diseases including the effects of sepsis. She has a particular interest in obstetrics and fetal medicine, including birth injuries which lead to permanent disabilities, such as cerebral palsy, and failures to diagnose fetal conditions antenatally.She has also acted for families in connection with Inquest proceedings where someone has died as a result of failures in medical and psychiatric care. She holds Masters degrees in Medical Law & Ethics and, separately, in Public Health and is an academic researcher in the fields of healthcare law and ethics. She has published numerous articles on medico-legal issues in the legal press. ...

Web page updated on 21/05/2026

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