- The starting point for the defence of any clinical negligence action arising from the coronavirus pandemic is the source and level of indemnity that is available to the defendant.
- The Coronavirus Act enables the secretary of state and ministers in devolved administrations to provide an indemnity for clinical negligence liabilities arising from NHS activities (“Health Service Indemnification”).
- Health Service indemnification under the Coronavirus Act 2020 in England, Wales and Scotland does not include Social Care.
- In Northern Ireland indemnification Under the Coronavirus Act 2020 includes both health and social care.
- Those who rely entirely on cover through a defence organisation, professional body or through commercial insurance are not covered through this new indemnity scheme and need to check with their insurers.