A company that insures GPs against medical negligence claims has warned of major indemnity and legal problems for GPs with the controversial draft contract for the under sixes scheme.

Medisec has told GPs that adhering to a proposed HSE 'gagging clause' in the contract could lead to them falling foul of the Medical Council, and has also warned that the level of negligence cover the HSE says will be necessary will not be adequately covered by GPs' current insurance policies with Medisec.

The draft contract has been widely rejected by GP groups as unworkable, while there has been a stand-off between the doctors' union, the IMO and the Department of Health/HSE over GP fee negotiating rights.

Medisec notes that the contract states that GPs 'should not do anything to prejudice then name or reputation of the HSE'.  GPs have branded this a 'gagging clause', seeking to stop them criticising the health executive on health cuts or other issues.

The insurance company says compliance with such a cause could lead to GPs breaching their ethical and professional duties under the Medical Council ethics code, which stipulates that GPs' principal professional duties are to their patients, over colleagues and employers.

Medisec also points out that the Medical Council stipulates that doctors must when necessary advocate on behalf of their patients for the provision of appropriate healthcare resources and facilities.

It also says the level of negligence indemnity cover required of GPs by the HSE under the contract is not currently provided.

"If you enter into this contract as it stands you should be aware that you do not have adequate insurance cover to comply with this requirement," it has told GPs.

Other problem areas Medisec has outlined include a clause that requires GPs to indemnify the Department of Health and the HSE against liability as a result of issues relating to defective materials, supplies, workmanship or design, used by GPs in providing facilities to carry out services.

The insurance firm advises GPs against providing such an indemnity as this could potentially negate the cover under their insurance policies. Medisec provides insurance for hundreds of GPs.