Advice from MPS
"We are aware that some practices have recently contacted GP locums who contract via their limited company, as opposed to self-employed individual doctors, to request evidence of corporate malpractice protection. We know that many GP locums who contract this way do not have corporate protection, as they rely on their individual membership with Medical Protection to protect their interests. However, some practices are concerned that, if a claim arises, individual membership is not enough to protect the locum if the company is named as part of the claim.
We would like to reassure members whose medical practice has not changed, and where the new company is not employing other healthcare professionals, that the formation of a company for financial purposes only will not affect your personal membership of Medical Protection. You will continue to be able to request assistance from us should you encounter medicolegal difficulty.
We would advise that you maintain your membership in your own name rather than your company name. This will ensure your own individual membership benefits remain unaffected in case of insolvency or dissolution of your company (which, in accordance with the Memorandum and Articles of Association of Medical Protection, would bring membership to an end).
However, if multiple doctors operate out of the same limited company, individual membership will not be enough to protect the company or the directors, should the company be named as part of a claim. In these circumstances the company should make sure it has appropriate corporate liability indemnity, and other relevant insurances, in place. Additionally, we would recommend that all doctors employed by the company maintain their individual membership to ensure their own membership benefits remain unaffected in case of insolvency or dissolution of the company."
Writer and editor at MPS. MPS’s educational risk management workshops, ‘Mastering Professional Interactions’ and ‘Medical Records for GPs’ provide further information on the risks to patients and doctors when patient care passes between doctors, and on good record-keeping. They are free as a benefit of membership to MPS members too.