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Basis of cover
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Typically membership-based and discretionary
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Provided under a formal insurance policy
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Certainty of response
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Considered case-by-case; may be declined
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Handled per the agreed policy terms, conditions, limits and exclusions
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Legal obligation
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Generally no contractual obligation to indemnify or defend a member
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Insurer has a contractual obligation to respond where the claim falls within the policy
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Regulatory oversight
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Discretionary indemnity is not generally regulated in the same way as insurance
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Provided by FCA-regulated insurers, subject to insurance regulatory requirements
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Policy wording
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May have no detailed policy wording setting out precisely what’s covered
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Cover is set out in written policy documentation, including limits, exclusions and conditions
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Claims and defence costs
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Assistance is subject to the MDO’s discretion
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Claims handling, defence costs and representation are provided where covered by the policy
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Cost considerations
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Cost-effective for those with limited private practice (typically under £10,000 p.a.)
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Premiums are risk-assessed by specialty, activity, income, claims history and limits required. Minimum annual premiums for most doctors/surgeons start at around £2,500
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Claims-made, occurrence and run-off
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Generally not structured as a formal claims-made or occurrence policy; most MDOs offer discretionary occurrence-based cover for individual clinicians
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Medical malpractice insurance is commonly written on a claims-made basis. If cover ends, an extended reporting period or run-off arrangement can be considered so past treatment can still be reported
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Best suited to
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Clinicians for whom discretionary protection and cost are the priority
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Clinicians wanting contractual certainty, defined limits and clear policy terms
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