As someone who interacts with clinicians daily, I am often met with the common sentiment: “I’ve got indemnity, I’m covered.” However, the reality is that not all policies offer the level of protection that you would expect when paying a premium.
Many clinicians, especially those practicing privately, assume they are automatically covered when purchasing a policy and aren’t aware of the differences between discretionary and contractual products, or that they are currently exposed to discretionary refusal all due to the lack of transparency they receive from their membership organisations.
What is Discretionary Indemnity?
All Medical Defence Organisations (MPS, MDDUS, MDU etc.) only offer discretionary memberships. If your provider is discretionary, they are not legally bound to support you. While they may offer help in some cases, they aren’t obligated to do so and each case is evaluated on its own merits, meaning they can choose whether to provide support or not. This presents a very real risk as it can leave you personally financially responsible for any legal fees and settlement costs incurred during a claim.
Personally, I have spoken to numerous clinicians who were taken aback to discover that the support they expected was not always guaranteed, despite paying for what they thought was comprehensive cover. In some instances, clinicians have found themselves in difficult situations, only to realise that their indemnity provider could decline their claim due to the discretionary nature of the policy. It’s a chilling thought, especially when you consider the potential financial, professional and even personal consequences of such an outcome and this is one of the core reasons we were founded.
THEMIS’ Approach: What is Contractual Indemnity?
At THEMIS, we understand that peace of mind is paramount for clinicians and that is why we only offer contractual indemnity. Contractual indemnity is vastly different from discretionary memberships in one crucial way: it’s a legally binding agreement. When you sign up for contractual indemnity, your right to support is explicitly laid out in the policy terms. If you face a claim that falls within the scope of your policy, you are entitled to support without the ambiguity that comes with discretionary policies.
With contractual indemnity, there are no grey areas, no loopholes, and no guesswork. If you need help, the support is guaranteed. This assurance is exactly the kind of certainty you’d expect from other forms of insurance. After all, when it comes to your car or home insurance, you wouldn’t accept the risk of being left unsupported just because the insurer feels like it on any given day so, why should your clinical indemnity be any different?
THEMIS’ cover is more than just a piece of paper; it’s a guarantee that when you need support, you will get it. Our policies are all backed by the FCA, our underwriters, and Lloyd’s of London, adding an extra layer of accountability, transparency, and protection that discretionary providers cannot match.
Unlike discretionary providers, who may leave you in the dark at a critical moment, we offer a clearly defined, legally enforceable agreement. You’ll never have to wonder whether you’re going to get the help you need. You have the right to support, and that right is backed by law.
Furthermore, the THEMIS approach ensures that you aren’t simply protected in the event of a claim. We focus on providing the kind of expert advice and support that ensures you can navigate the complexities of private practice with confidence. Our team is here not just to help when things go wrong but to support you in preventing problems before they arise. This is why we regularly send out Early Intervention articles to our policyholders, highlighting which treatments are incurring more claims in real time and how to prevent these claims being brought forward, across a range of disciplines.
What Can You Do to Ensure Your Practice Is Covered?
Indemnity isn’t the most glamorous aspect of running a clinical practice, but it’s one of the most important. When something goes wrong, and you find yourself facing a claim, the last thing you need is to worry about whether your indemnity cover will actually cover you or not. With contractual indemnity, you gain peace of mind knowing that support is guaranteed when you need it most.
If you’re unsure about the type of cover you currently have or if you’re ready to make the switch to a policy that offers clearer, more reliable protection, I’d be happy to help. It only takes a quick conversation, but that conversation could make all the difference when it comes to your clinical practice’s future security.
Please feel free to contact me either via email ([email protected]) or my mobile number 07584875056 and I’d be happy to answer any questions you may have and to run through an application form with you for a no-obligation quotation.
