New Clinical Negligence Claims Agreement promotes early resolution of claims
During the Covid-19 pandemic, NHS Resolution (the body dealing with clinical negligence claims against the NHS) agreed a protocol with the representatives of many solicitors who act on behalf of injured patients, including Fieldfisher.
The protocol enabled clinical negligence claims to be progressed efficiently despite the disruptions created by the pandemic. Four years on, the protocol has been replaced with a new Clinical Negligence Claims Agreement, signed in August 2024. The agreement builds on the success of the protocol in encouraging cooperation towards resolving claims. The new agreement includes:
- A revised process for agreeing extensions of the limitation period (the period of time in which a claim can be brought), including specific provisions for extending the limitation period following an Inquest.
- A requirement that both sides disclose relevant documents before Court proceedings begin, with defendants (including Hospital NHS Trusts) being specifically required to provide documents relating to investigations, complaints and duty of candour letters.
- A requirement for defendants to pay reasonable travel and subsistence costs in advance, if they require the claimant to attend a medical assessment with one of their experts.
- Encouragement to defendants to take a reasonable approach towards making interim payments (including interim payments of compensation that can be made before a claim ends if liability has been admitted).
- A proposed "stock take" discussion between each sides' lawyers before Court proceedings are started. This could include considering steps towards narrowing the issues or settling the claim at that point, such as early exchange of expert evidence or an alternative dispute resolution process, such as mediation.
- An emphasis on encouraging the settlement of claims without delay. This includes a requirement that a representative of the defendant who has financial authority to settle the claim is available on the day of any settlement meeting.
- Where liability is admitted, the defendant should provide a meaningful letter of apology and explain any patient safety lessons learned as a result of the incident.
The agreement acknowledges the value to injured patients and their families in ensuring lessons are learned. However, it is also essential that claimants receive compensation that appropriately reflects the injury they have suffered and their on-going needs.
Fieldfisher is pleased that this new agreement encourages good practice on both sides of litigation, towards the goals of obtaining fair compensation for injured patients and families who have lost someone and learning lessons from incidents of medical negligence.
Read Suzanne's article on LexisNexis.
Read about our medical negligence claims and hear from clients.
