SUMMARY

1.  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.
2.  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”).
3.  Health Service indemnification under the Coronavirus Act 2020 in England, Wales and Scotland does not include Social Care. 
4.  In Northern Ireland indemnification Under the Coronavirus Act 2020 includes both health and social care.  
5.  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.