http://www.rcn.org.uk/support/legal/indemnityscheme

Check the exclusions esepicially if you are self employed or work as a limited company

RCN indemnity scheme

Discretionary cover

For the avoidance of doubt, the payment of any compensation and costs under the RCN indemnity scheme is entirely in the discretion of the RCN Council, subject also to you satisfying the conditions set out here. The RCN scheme is not a policy of insurance.

Exclusions

The scheme will not indemnify you:

• to the extent that you are entitled to indemnity under a policy of insurance or contractual indemnity or have the benefit of the NHS indemnity
• in respect of a claim which is made or a circumstance which arises relating to the provision of professional services by another person not in membership of the RCN
• in respect of a claim not arising from the provision of a “health and social care service acceptable to the RCN”
• for any circumstances arising outside of any period of membership with the RCN
• in respect of any trading or personal debt incurred by you; any fine or civil or criminal penalty; or any punitive, aggravated, additional or exemplary damages; any indirect or consequential loss, or loss of profits or of earnings by you
• in respect of a claim or circumstances arising in any way out of the ownership, lease, use or occupation or state of any premises or anything done or omitted to be done in respect of the state of any premises; or out of the manufacture, distribution or sale of any products outside the proper course of the provision of a “health and social care service acceptable to the RCN”
• in respect of any claim or circumstances arising from allegations of defamation
• in respect of any claim or circumstances arising from any material published or broadcast by you or on your behalf to which you have contributed in any way
• in respect of any claim or circumstances arising in any way from your insolvency or bankruptcy
• in respect of any claim or circumstance arising in any way from proven or admitted criminal activity or criminal behaviour, whether or not within the provision of a “health and social care service acceptable to the RCN”.
• In respect of a claim or circumstance arising in any way from proven or admitted sexual harassment, sexual misconduct, or unlawful discrimination
• in respect of any claim or circumstance arising in any way out of your deliberate intent to cause harm, or your fraudulent, dishonest, malicious or reckless act or  omission or, where you were knowingly a party to any such act or omission, that of a person for whom you are vicariously liable
• where you are employed by a health care provider such as a Social Enterprise and the employer hasn’t also appropriate insurance or indemnity cover for vicarious liability for the actions of its health care employees. This exclusion is limited to your work under a contract of employment with that particular provider.

Further exclusions

• If your negligence causes only a financial loss, not associated with any personal injury or damage to property (this exclusion does not apply to nurse expert witnesses or occupational health nurses, where the claim arises in the European Union).
• Self-employed (or 'independent') midwives (not including antenatal or postnatal care, or parent education). From 1 July 2013 fetal scanning services (ultrasound) are not covered as part of the RCN indemnity scheme.
• Self-employed members (whether you operate as a sole practitioner, partner or through a limited company) who employ or otherwise engage in their business other health care workers who are not RCN members.
• Members working or resident in the USA or Canada or where legal proceedings arise in either country.
• The RCN reserves the right to withhold cover under the indemnity scheme, as a benefit of RCN membership, given the claims history of the member.
• Members employed by a general practitioner, partnership of general practitioners or limited company operated, controlled or owned by general practitioners, are not covered for any work performed under their contract of employment. This exclusion takes effect from 1 January 2012.

Diane Romano-Woodward

RN  RSCPHN-OH  BSc   M Med Sc.(Occ Health)

Sunny Blue Sky Limited

Company Number  06865212

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