What is the impact of extra hours, under an ‘opt-out’ or otherwise on NHS medical indemnity?
All staff, junior doctors included, are indemnified by their employing organisation for all contracted clinical activities undertaken on behalf of the NHS. This includes those in any additional hours (including any hours worked under an “opt out” agreed between the doctor and their employer). The NHS Litigation Authority clarified in its circular European Working Time Directive (EWTD): CNST Indemnity for clinicians working in excess of EWTD limits that: “Any activity carried out by clinicians which would be the subject of an indemnity if carried out during “allotted” hours will be treated no differently under our schemes because that work was being done outside those hours.
