Abstract
The obligation on medical and dental professionals to be insured or adequately protected against claims is currently a professional obligation only. It will however shortly become a statutory obligation under amendments to the Medical Act 1983 and the Dentists Act 1984. Under existing arrangements protection against claims is provided by defence organizations on both contractual and discretionary bases. The uncooperative or uninsured practitioner may cause real difficulty to a Claimant with a valid claim. In some circumstances it will be possible to identify another person or body which is insured or protected and which bears responsibility in law for the acts and omissions of the uninsured practitioner, but in the primary care context, practitioners tend to be independent contractors and not employees. It is arguable that practice principals owe a duty to patients to ensure that locums and associates are adequately insured.
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