Why membership of a Medical Defence Organisation (MDO) could be a lifeline for your career
A career in healthcare is a wonderful endeavour and often a lifelong commitment. On this journey there will be highs and challenging days. However, no matter at which stage of your career, you can find yourself unprepared for what you may face.
Unforeseen challenges can arise, potentially affecting your career and reputation. And while the NHS provides a level of indemnity for those working within it, it does not extend to the many professional and regulatory issues you may come across.
This is when being a member of a Medical Defence Organisation (MDO) like the Medical Defence Shield becomes not just beneficial, but essential.
Why do you need a Medical Defence Organisation (MDO)?
Your MDO is a partner ready to support and defend you when you need it most.
Many doctors mistakenly believe that their NHS indemnity provides a comprehensive safety net. However it is important to understand that this cover is there to safeguard the interests of the NHS and the individual Trust and/or employer, not yours.
While these may sometimes align, that is not always the case, and when they do not you might need to seek your own legal representation at your own cost.
Secondly, the NHS cover you receive as an employee largely deals with medical malpractice claims involving the Trust of which you might be part of. It does not include any assistance in case of a regulatory investigation against you that might result from a lengthy investigation or a complaint. In fact, the Trust might be the one referring you for such an investigation.
And what if you are asked to respond to a patient complaint, to provide a statement or attend the Coroner’s Court? Again, you will have to seek advice and support elsewhere.
Enter your Medical Defence Organisation!
This wrap-around support and protection is exactly what the Medical Defence Shield (MDS) offers.
We provide advice, support and representation (yes, we can attend hearings and tribunals too) if you are subject to a regulatory investigation by most healthcare regulators (GMC/NMC/GDC/HCPC and we are always expanding our scope). We help you prepare for Coroner’s Inquests. Support you in responding to complaints and provide you with 24/7 legal and medicolegal advice to help you stay safe and avoid pitfalls.
In addition, MDS is the only Medical Defence Organisation in the UK that offers Employment Support to its members. Meaning that it can help you in your contract negotiations, support you in internal investigations and disciplines, help you raise and address grievances, complaints, and much more.
When NHS indemnity is not enough: real life scenarios
Not sure why you need to join a Medical Defence Organisation like the Medical Defence Shield? Consider these scenarios – real-life situations where NHS indemnity typically falls short, and where we would provide crucial protection.
You can also visit our repository of case studies to look in detail at when and how we helped our members get the best possible outcome in their circumstances.
GMC Investigation
You received a letter from the General Medical Council (GMC) informing you of a complaint about your professional conduct or clinical competence. It could have come from a patient concern, a colleague’s report, or even a social media post.
- Without MDO Cover: You would be solely responsible for navigating the GMC investigation process. This includes understanding the allegations, gathering evidence, preparing responses, and potentially facing hearings. There could be substantial legal costs associated with this.
- With MDO Cover: An MDO would provide you with expert medico-legal advice from the outset. They would help you understand the process, prepare your defence, and provide experienced legal representation at GMC hearings, ensuring your case is presented effectively and fairly.*
Coroner’s Inquest
Following a patient’s death, a Coroner’s Inquest is held to determine the cause of death. As one of the treating doctors, you might be called as an Interested Party, meaning your actions and decisions will be under scrutiny.
- Without MDO Cover: You would need to prepare for and attend the inquest alone, and risk adverse findings that could trigger further regulatory action or civil claims.
- With MDO Cover: An MDO would provide you with advice on how to prepare for the inquest, explain the legal proceedings, and offer legal representation to protect your interests throughout the proceedings.*
Trust clinical investigation
A patient has filed a complaint alleging they received their medication two hours late, resulting in unnecessary suffering. The hospital is initiating a formal investigation against you, as you were the nurse in charge at the time of the alleged incident.
- Without MDO cover: You would need to look through all your records and documentation alone, make sure your statements properly address the allegations and don’t cause an escalation to the NMC looking into your fitness to practise.
- With MDO cover: An MDO would provide you immediate legal advice about how to respond to the investigation, support you in preparing your statement including any mitigating factors and would also support you if the issue escalated further.*
Internal disciplinary investigation
A colleague alleges inappropriate behaviour at work that does not constitute clinical negligence or medical malpractice, but raises concerns about your professional conduct. The Trust begins an internal investigation against you, mostly commonly known as MHPS.
- Without MDO Cover: You will face your employer’s disciplinary proceedings without support. Without professional support and advice, your job might be at risk. Depending on the outcome, your employer might also decide to refer you to your regulator for a fitness to practise investigation, which, again, you will have to navigate on your own.
- With MDO Cover: Normally, MDOs would not provide assistance in internal/employer disciplinaries that are not related to clinical matters.*
The Medical Defence Shield, however, provides such service through its Employer Support plan. MDS could provide advice and representation during these internal disciplinary hearings, ensuring your rights are protected and a fair process is followed.*
Good Samaritan Acts
You are off duty and witness a medical emergency. You provide assistance in good faith. However, complications arise, and a claim of negligence is made against you.
- Without MDO Cover: Your NHS indemnity would likely not cover actions taken outside your contracted NHS duties, leaving you personally vulnerable to legal action and paying for any compensation.
- With MDO Cover: Most MDOs offer worldwide Good Samaritan cover, providing you with protection and support should such a situation occur.
So, is it worth investing in a MDO membership?
Membership of an MDO can be seen as an expense that you could do without, a “nice to have” service and not an essential one.
However, the potential costs of facing these situations without expert support can outweigh any annual subscription fee. Not just financially, but emotionally and professionally.
The peace of mind that comes with knowing you have a dedicated organisation in your corner, on the contrary, is priceless.
Trusted Medical Protection for Medical Professionals. At your side when you need us most.
Looking for medical protection? MDS offers membership plans tailored to a wide range of healthcare professionals, including access to expert medico legal services. Visit our membership page to see if we have the right plan for you. If you have any questions about the medical protection and support we provide as a Medical Defence Organisation, our membership team is here to help.
Not a Member Yet? Join MDS now for immediate access to expert medico-legal advice, statement & employment support.
📞 Call us on 0300 30 32 442 📧 Email: [email protected]
* These examples are indicative. The level of assistance and services you might receive will depend on your MDO, on your membership plan and be subject to your MDO’s Terms and Conditions.
