Private Work Involving Vicarious Liability

Purpose

This section outlines the types of private work that the Practice will not undertake where there is a significant risk of vicarious liability. The purpose is to protect patients, clinicians, and the Practice by ensuring that assessments requiring specialist expertise are undertaken by appropriately qualified professionals and organisations. 

Scope

This section applies to all patients registered with the Practice who request private medical reports, certificates, assessments, or opinions that fall outside the scope of routine NHS general practice services and may expose the Practice or individual clinicians to legal liability for decisions relating to participation in specialist, high-risk, or regulated activities. 

Policy statement 

While the Practice is committed to providing high-quality NHS primary care services and completing private work where appropriate, we reserve the right to decline requests for private reports, certifications, assessments, or declarations where: 

• The assessment requires specialist expertise, training, accreditation, or equipment not ordinarily available within general practice. 
• The request involves determining suitability, fitness, or clearance for participation in activities carrying a heightened risk of serious injury, illness, or death. 
• The Practice considers that completing the request may expose the Practice or its clinicians to an unacceptable level of professional or vicarious liability. 
• The request requires the clinician to assume responsibility for ongoing monitoring, risk assessment, or certification beyond the scope of NHS general practice. 

Examples of work that the Practice will not undertake include, but are not limited to: 

• Fitness-to-fly assessments or certification. 
• Diving medical examinations or fitness-to-dive certification (other than provision of factual medical information where appropriate). 
• Medical clearance for high-risk, extreme, or adventure sports. 
• Certification for participation in endurance or competitive sporting events where a medical assessment is specifically required. 
• Assessments relating to activities requiring specialist occupational, aviation, maritime, sporting, or recreational medical certification. 

Alternative arrangements

Where a request falls within this category, patients will be advised to seek assessment from an appropriately qualified specialist, such as: 

• Occupational health physicians. 
• Sports and exercise medicine specialists. 
• Aviation medical examiners. 
• Diving medicine specialists. 
• Travel medicine or expedition medicine providers. 
• Other accredited professionals with expertise in the relevant field. 

Practice support 

Where appropriate and with the patient's consent, the Practice may provide copies of relevant medical records, summaries, or factual information to support an assessment being undertaken by an external specialist. Any such information will be provided in accordance with applicable NHS guidance, data protection requirements, and the Practice's private fees policy. 

Review and discretion 

All requests for private work will be considered on an individual basis. The Practice reserves the right to decline any request where it believes completion would fall outside the competence of the clinician, conflict with professional guidance, or create an unacceptable legal or professional risk.