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Aipedia: Nurses and allied health professionals
Nurse and AHP indemnity usually treats an AI-assisted error like any other clinical error, but only within the arrangement's scope and where a human made the decision. The main schemes' public pages do not mention AI.
Part of: AI in nurses and allied health professionals
In short
The main nurse and AHP indemnity arrangements' public pages say nothing about AI. NHS employer indemnity, handled by NHS Resolution for trusts, covers clinical negligence in NHS work but not private work, regulatory hearings or data breaches. The RCN scheme is not insurance and does not mention AI; the CSP's guidance pages are also silent. Private medical malpractice policies vary. One defence organisation's published position for doctors offers help only where a human remains the decision maker and excludes product defects and data loss. Self-employed practitioners may face the biggest gaps. NHS England and NHS Resolution are developing indemnity guidance on AI.
An AI-assisted error is usually still a clinical error by the person who relied on the tool. Indemnity arrangements generally respond to the practitioner's negligence within the activities they cover, so the questions are whether the work was within scope, whether a human made the decision, and whether any exclusion applies, such as for data breaches or product defects. None of the NMC, HCPC, RCN or CSP guidance pages say anything about AI and indemnity.
| Arrangement | Who it covers | What it says on AI | Main gaps |
|---|---|---|---|
| NHS employer indemnity (CNST for trusts, CNSGP for general practice) | NHS employees for NHS work | Nothing; the scope table is silent on AI and software suppliers | Private work, regulatory hearings, data protection breaches |
| RCN indemnity scheme | Some self-employed members, bank or agency workers without an employment contract, volunteers, Good Samaritan acts | AI not mentioned | Work under a contract of employment; scope exclusions in the terms |
| CSP members' scheme | CSP members, on its terms | CSP guidance pages say nothing on AI and indemnity | Check the terms for digital and business activities |
| Private medical malpractice or PI policy | Named practitioner or business | Varies by wording | Possible technology, data or AI clauses |
One defence organisation's published position on AI, written for its doctor members, offers help only where "a human remains as the decision maker", the AI use is within the member's specialty and the member complies with law and national guidance. It excludes fully autonomous systems, product liability, system "failure, defects, or technical limitations" and data loss or breach. It is discretionary, not insurance. Nurse and AHP arrangements have not published equivalents, but the logic is likely to be similar: a practitioner who used a tool to support their own judgement is in a stronger position than one who let the tool decide. Data law points the same way, since section 80 of the Data (Use and Access) Act 2025 restricts solely automated significant decisions on health data.
Indemnity is compulsory by statute under SI 2014/1887, and neither the NMC nor the HCPC sets a minimum limit, so the adequacy of cover is for the registrant to judge.
In its response to the National Commission (6 October 2026), the government said regulators and others will clarify professional responsibilities for AI (Rec 24), and that NHS England and NHS Resolution will continue to progress indemnity guidance. Professional bodies may also add AI terms to their schemes.
Related: agency and self-employed staff, NMC and HCPC on AI, physio AI apps, the nursing and allied health AI hub, does PI cover AI mistakes and AI exclusions in policies.
Apex arranges PI for self-employed nurses, midwives and AHPs. A broker reviews how your wording treats AI-assisted work and where scheme or employer cover stops.
The RCN scheme terms do not mention AI. It may cover self-employed members and bank or agency workers without an employment contract, but not work under a contract of employment. Whether a particular AI-assisted activity is covered depends on its terms and conditions.
For NHS work as an employee, the employer usually responds and NHS Resolution handles trust claims. The scope table says nothing on AI. State indemnity does not cover private work, regulatory hearings or data protection breaches.
It is a condition in one defence organisation's published position on AI for doctors: help is available only where a human remains the decision maker. Nurse and AHP arrangements have not published equivalents, but keeping the decision with the clinician is likely to matter.
It is sensible. Disclosure duties depend on the policy and the law, and using AI may change what you do. Telling your broker or provider avoids disputes about scope later.
Tell us about your practice and the work you do. A broker will review how your current cover treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.
Start an indemnity quote Request a callbackApex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.
