Built by true industry experts, THEMIS has changed clinical indemnity for good. No more discretionary refusal – only comprehensive, clearly worded policies supported by a super-specialist claims team, all for a competitive premium driven by real-time claims data.
This is indemnity as it should be.
Specialist contractual indemnity for healthcare professionals. 100% guaranteed and tailored to provide expert legal support when you need it most.
Why choose THEMIS for personal indemnity?
With the number of negligence claims reported to NHS England on the rise,1 ask yourself: if a claim were to be made against you or your practice, do you have the right protection in place?
At THEMIS, we pride ourselves on offering comprehensive cover, supported by an exceptional claims and customer service team, so that you can take comfort knowing by switching to THEMIS, you have insurance you can rely on.
Whatever your medical specialism, we take the stress out of searching for the right indemnity, offering a complete defence solution.
The benefits of our personal indemnity insurance
Choosing THEMIS for your personal indemnity cover offers a number of benefits. Regardless of where you are in your medical career, you can tailor your coverage to ensure you have the exact protection you need.
From your initial enquiry to any follow-up questions once your policy is in place, you can take comfort in knowing you’ll always be talking to someone with a full understanding of medical malpractice indemnity and the specific risks associated with your discipline. We are easy to contact, with client care handled by a specialist team. Unlike discretional indemnity, we are also regulated by the Financial Conduct Authority (FCA), so you will always be treated fairly.
Tailored coverage
When selecting THEMIS for your cover, you can choose exactly which types of protection you want. Unlike discretionary indemnity (which does not set out what is and isn’t covered), and other contractual policies that often adopt a one-policy-fits-all approach, our policies let you know exactly what you’re covered for and ensure you don’t pay for any protection you don’t need.
In-house expert claims handling team
We know that having a claim can be incredibly distressing, and you need someone you can trust by your side every step of the way. That’s why, rather than outsourcing your claim to a third party, with a THEMIS policy, you will always be looked after by one of our expert in-house claims management team.
No discretionary refusal
Unlike Mutual Defence Organisations (MDOs), we provide specialist contractual indemnity with no discretionary refusal. In contrast to discretionary products, with THEMIS, you receive a clearly worded policy which sets out what you are covered for, and what you’re not, so you know exactly where you stand.
Competitive premiums
By relying on the expertise of industry-specialist medical malpractice underwriters, we only insure individuals who practise safely. This allows us to not only keep claims to a minimum but, in time, also lower insurance costs for everyone. By relying on claims data driven by artificial intelligence (AI), we can also ensure that our premiums are priced at a level which is genuinely reflective of the risk carried by a healthcare professional.
Our approach to underwriting and pricing helps safely practising clinicians access affordable indemnity. It also helps encourage best practices, leading to an improved quality of care for patients and a better outcome for all involved.
Exceptional 24/7 medico-legal support
THEMIS operates an extensive medico-legal helpline support line, which covers virtually all concerns you may encounter on a day-to-day basis – from managing patient complaints to addressing concerns over a practising privileges document or a GDPR request.
Unlike some products, we do not limit this to private matters and can also assist with NHS matters. All matters are dealt with in-house, by our trusted defence team so, wherever you are on your career path, we ensure you receive the confidential guidance and support you need to keep delivering exceptional patient treatment.
Financial peace of mind
Our products are underwritten solely by carefully selected partner UK insurers. These underwriters are all regulated by the Prudential Regulatory Authority (PRA), so you can take comfort in knowing our products have the financial security to meet claims.
What does a THEMIS personal indemnity policy cover?
Medical malpractice
Claims for clinical negligence, including defence costs.
MedSurgical Assistant Cover
Claims for clinical negligence, including defence costs.
Medico-legal indemnity
Claims arising from the accuracy of medico-legal opinions you have prepared, including defence costs.
Good Samaritan Acts
Cover for any treatment you administer outside of work, fulfilling your ethical duty to assist in an emergency.
Regulatory protection
Costs to defend orders, hearings and investigations you must attend, and for attendance at fitness-to-practice hearing.
Indemnity Reinstatement
If a medical malpractice claim is made against you that exhausts the limit of indemnity, we will reinstate it to £10,000,000.
Run-off cover
Cover after you cease to practice. This can be provided to all policyholders for a period of up to 21 years subject to policy conditions.
Inquest protection
Costs to prepare a response to a Coroner and to represent you at an inquest, following the death of a patient.
Medico-legal helpline
Advice to help you manage day-to-day issues you may encounter in your practice, such as complaints handling.
Medical manslaughter protection
Costs to represent you about a clinical or gross negligence manslaughter prosecution.
Reputation crisis management
PR and legal costs to respond to a public event that could damage your reputation and result in clinical negligence claims.
Data Liability Protection
Defence costs, regulatory fines, or sums ordered to pay as a result of a breach of the Data Protection Act 2018, arising from medical records data you are responsible for storing.
Cover for discretionary indemnity
Cover for claims declined by your discretionary provider subject to the terms of your policy.
Employment protection
Legal costs to assist with disputes in respect of practising privileges, employment contracts, or hearings or tribunals.
The above is an illustration of what THEMIS can include, please check your policy or speak to us to ensure specific coverage is applicable to you.
To find out more about switching your policy to us, or if you’d like us to check the terms of your existing one simply get in touch and we’d be more than happy to help.
Discretionary vs contractual indemnity – what’s the difference?
There are two main types of personal indemnity cover that healthcare professionals are typically protected by: discretionary and contract-certain. But do you know the difference between them?
Offered by MDOs like The MDU, The MPS and The MDDUS, discretionary indemnity providers are also not regulated to provide insurance by the Financial Conduct Authority (FCA) or the Prudential Regulation Authority (PRA). This means that they have no legal obligation to detail the specifics of the cover and you have no way of knowing whether the providers have the resources to cover new claims.
For this reason, discretionary cover has come under scrutiny in recent years. Back in 2018, the Department of Health and Social Care (DHSC) launched a consultation paper citing concerns about the stability of the current forms of indemnity.*
Following this, many healthcare professionals stated that discretionary cover was ‘not fit for purpose’, with the DHSC now investigating new ways to ensure regulated healthcare professionals have the appropriate clinical negligence cover they need.**
Contractual cover is also regulated by the FCA and will provide specific details about the type of cover you’re purchasing, whether that be occurrence-based, claims-based or run-off cover.
For this reason, contractual personal indemnity can be tailored around you to provide complete peace of mind that you’re being suitably protected.
That means, should a claim ever be made against you that falls within the scope of your policy, your provider will be legally obligated to provide you with the legal and financial support you need.
The litigation risks facing clinicians and hospitals in the modern age of medicine are higher than ever before, presenting a real threat to the advancement of medicine and provision of patient care.
The importance of personal indemnity: malpractice claim examples
Many clinicians don’t realise the difference between discretionary and contractual cover – or know which type they have in their existing policy.
That’s why, as stated in the General Medical Council’s Good Medical Practice for 2024,it’s so important to regularly review your cover. Otherwise, you may find that you are not protected in the way you think.
Without having the right cover in place, you could end up paying the price both financially and reputationally. Here are a few examples of the damage having the wrong policy can cause:
Case Study A
Irreversible Reputational Damage
Clinician A was originally introduced to their MDO at medical school. At no time when explaining their services (or at subsequent subscription renewals) can Clinician A recall the MDO explaining discretionary cover. Clinician A remained with their MDO for around 20 years, with subscription fees exceeding £100,000.
When an unexpected regulatory investigation was launched, it caught the attention of the press and claimant law firms. Clinician A looked to their MDO to assist with the regulatory issues and clinical negligence claims, and also enquired as to whether assistance could be provided in relation to the public media attention.
Clinician A was informed that their MDO was exercising their right to withdraw their protection, on discretionary grounds. For both the regulatory issue and the defence of clinical negligence claims, Clinician A was left to fund his own representation. They were personally liable for claims in excess of £350,000.
Given the lack of immediate support, the matter was allowed to progress extensively and has caused almost irreversible reputational damage.
Case Study B
Claim Rejected on Discretionary Grounds
Clincian B signed up to discretionary indemnity at medical school. The MDO they signed with was so well known and used by all their colleagues, that they never questioned the effectiveness of the cover. Indemnity fees were taken each year by direct debit and Clinician B assumed they had adequate cover.
Following a referral request form that documented clear symptoms and a suspected diagnosis, Clinician B saw and investigated a patient according to the usual procedure.
A claim was later brought against Clinician B for failing to notice a tumour in an area unrelated to the symptoms or suspected diagnosis.
Clinician B contacted their MDO who refused the claim on discretionary indemnity grounds.
Clinician B had never made a claim in the past, and to date, had paid thousands of pounds in membership fees.
Clinician B was left to fund their defence privately, with the claim valued in the region of £250,000.
Doctors typically enter the profession because they’re motivated to help people. Having a complaint made against you can be incredibly stressful. THEMIS make the process simple. Their in-house defence teams are approachable, friendly and always available when you need them.
Frequently asked questions about personal indemnity
We understand that personal medical indemnity can be confusing to wrap your head around, filled with complicated terms and different things to think about. That’s why we always aim to be as transparent as possible, providing you with all the information you need to make an informed decision on which provider to trust.
Here are some of the questions we are most often asked by our clients.
Why is personal indemnity so important for healthcare professionals?
Having the right type of personal indemnity policy in place safeguards you against financial losses and protects your professional reputation when faced with patient claims. It also protects your patients, ensuring they receive fair compensation if they experience harm due to medical negligence or a misdiagnosis.
What’s the difference between discretionary and contractual indemnity?
Discretionary indemnity is provided by MDOs and offers no guarantee of legal support should you need it. Contractual indemnity, on the other hand, provides guaranteed cover with what you are and are not covered for set out in a policy wording document. The sales process is regulated by the Financial Conduct Authority (FCA) and underwriters are regulated by the Prudential Regulation Authority (PRA).
Why are THEMIS’ personal indemnity policies not discretionary?
We only provide contractual personal indemnity policies that are tailored around you. This eliminates any of the uncertainty that discretionary cover is often associated with and ensures you receive personalised cover that you can actively rely on throughout your medical career.
Will there be a gap in the cover if I switch to THEMIS?
No. Once you decide to switch to us, we will handle the process from there, offering a seamless transition that ensures continuous coverage. Simply get in touch with us to not only find out more about how to switch but also some of the key benefits you will receive in doing so.
How does THEMIS help clinicians stay informed about emerging risks?
At THEMIS, we prioritise clinician awareness by providing complimentary access to risk alerts, informed by advanced claims intelligence. Through our AI-driven process, for example, we can respond to real-time healthcare threats.
Having this dynamic approach ensures our policies can adapt to the evolving medical environment. From surgery-related nerve damage to fibroid pre-treatment, we can empower policyholders with timely insights, helping them navigate any potential risks to deliver the best patient-focused care.
Does a THEMIS personal indemnity policy offer protection throughout my medical career?
Absolutely! Having a personal indemnity policy with us will provide you with continuous protection throughout your entire medical career, and even after you finish.
Our policies can include run-off cover, for example, which will cover you even after you cease to practice. This means you can retire or change your career with confidence, knowing that your finances and reputation will still be protected against any potential claims that arise from your past professional activities.
THEMIS provide contractual indemnity instead of discretionary cover, meaning I can practice with confidence, knowing I have comprehensive protection in place should the worst happen.
