healthcare update - issue 11
Risky business
The number of clinical negligence claims is increasing. The
amount of compensation paid to successful claimants continues to
rise, reducing the funds available for patient care. To address
this, the NHSLA has launched a new initiative using the information
obtained during the investigation of clinical negligence claims to
reduce the overall number of claims being made in the future.
Last month, Steve Walker, Chief Executive of the NHSLA, wrote to
all the Chief Executives of NHS Trusts outlining the new risk
management regime and what he hopes it will achieve, "The
initiative aims to ensure that organisations are learning from
their own claims and, where appropriate, the knowledge gained is
shared with the wider NHS…"
Key to the new regime is the Risk Management Report that will be
prepared on all new CNST claims by NHSLA solicitors. The report
will contain annoymised information about each claim, and outline
what lessons the solicitor suggests can be learned from the case to
reduce the risk of similar adverse incidents occurring again.
At the beginning of each financial year, the NHSLA will forward
to every Trust a Risk Management Report which will list all new and
outstanding claims and ask what action the Trust has taken in
relation to the claims listed. The NHSLA will consider whether the
Trust’s response is adequate or not. Where the response is
considered to be inadequate, Chief Executives can expect to be
approached by the NHSLA. Ultimately, the NHSLA can refer the Trust
to the Care Quality Commission, or require the Trust to undergo an
additional full assessment against NHSLA standards.
Information obtained from Risk Management Reports will be of
value, not only to the individual Trust, but also other Trusts and
organisations involved in patient care. The NHSLA proposes
publishing useful information obtained from Risk Management Reports
on its website, and in its annual report. Trusts are encouraged to
discuss claims, action taken, and its effectiveness, with other
Trusts and organisations with a view to contributing to a safer
NHS.
Actions will speak louder than words and whilst Trusts will not
have to implement suggestions made by a solicitor in the Risk
Management Report, they will have to take “suitable
action” where appropriate.
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The content of this update is provided for the purposes of general
interest and information. It contains only brief summaries of
aspects of the subject matter and does not provide comprehensive
statements of the law. It does not constitute legal advice and does
not provide a substitute for it.