Adequate and appropriate insurance cover is the responsibility of the sponsor organisation and should cover the design, conduct and management of the research project. NHS indemnity will apply if the research is sponsored by an NHS Trust, designed by and NHS employee and conducted in an NHS setting. NHS bodies are liable for clinical negligence and other negligent harm to individuals covered by their duty of care. However, NHS indemnity does not offer no-fault compensation for non-negligent harm and NHS bodies are unable to agree in advance to pay compensation for non-negligent harm. They are able to consider an ex-gratia payment in the case of a claim.
When a research project is sponsored by an organisation or institution that is not an NHS organisation then separate arrangements should be made to provide adequate insurance cover to meet the potential legal liability of harm arising to an individual taking part in a research project.
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