HL Deb 09 June 2003 vol 649 c11WA
Baroness Finlay of Llandaff

asked Her Majesty's Government:

Whether National Health Service community nursing staff, including district nurses, have indemnity cover to manage non-invasive positive pressure ventilation devices for patients, such as those with motor neurone disease, who are ventilated at home. [HL3111]

Baroness Andrews

Registered nurses are required to work within the nurses' and midwives'Code of professional conduct, as set out by the Nursing and Midwifery Council, and are personally accountable to the NMC for their practice. The code states that, "you have a duty of care to your patients and clients, who are entitled to receive safe and competent care".

Nurses usually have their own indemnity insurance through membership of a professional organisation, which if they are trained in non-invasive positive pressure ventilation, would provide cover. Employers, such as National Health Service trusts, primary care trusts or general practitioners, also have vicarious liability for the actions of nurses as their employees, and their indemnity scheme would provide cover, providing that the nurse was working within the role agreed with their employer.