Relationships with patients and their representatives
As a national law firm, Browne Jacobson works with healthcare organisations across the country, helping resolve patients’ disputes efficiently, fairly and with integrity.
As a national law firm, Browne Jacobson works with healthcare organisations across the country, helping resolve patients’ disputes efficiently, fairly and with integrity. Where there is a claim, the majority (although not all) of those patients have solicitors helping them to resolve their concerns and some represent themselves.
At Browne Jacobson we recognise the need to put the injured patient at the heart of the work we and our clients do. In order to understand how best to do this, we meet regularly with the Claimant law firms we deal with the most, to discuss ways in which we can work more collaboratively to achieve resolution of patients’ issues.
One of the most important elements is communication. Establishing a rapport with the patient or their representative is key to building trust and facilitating open and honest discussions. We have found this is best achieved by using the telephone frequently. Our lawyers are encouraged to carefully consider the tone of any communications and to avoid using emotive or technical language, and we advocate this approach not just in claims management, but in all communications that we and our clients have with patients (particularly in the early stages of a complaint or a potential claim). The underlying message has been summed up by Phil Barnes, Partner at Shoosmiths, which is that “we should respect one another and the roles that we do.”
Also key to more collaborative working is exploring alternative ways to resolve disputes, outside of the litigation process. Browne Jacobson holds “Resolution Days” where a number of cases are discussed with Claimant representatives. The outcome is not always a payment of compensation: it can result in withdrawal of a claim or a narrowing of the issues in dispute. As Karen Reynolds, Partner at Freeths has explained, “a holistic approach is important for Claimants… they want to understand what happened and prevent it from happening again.” We recognise the power of mediation in achieving this and also engaging in without prejudice discussions, involving the patient and clinician when it is appropriate to do so.
This approach benefits our clients in that it aids concerns being resolved fairly and at an earlier stage.
Related expertise
You may be interested in...
Legal Update - Public matters newsletter
Public matters - March 2023
Opinion
NHS pay deal – is this the end of the dispute?
Legal Update
Automatic suspension and procurement law
Opinion
Plans to amend NHS pension rules to bolster NHS workforce approved by government
Opinion
Increase to 20 hour limit on supplementary employment for Health and Care Worker visa holders
Legal Update
Supreme Court will hear Worcestershire case on local authority responsibility for Section 117 Aftercare in April 2023
Published Article
Thinking outside the box
Legal Update - Shared Insights
Implementing learning from claims to help improve patient safety - Focus on Diabetes and Lower Limb Complications
Legal Update
Cauda Equina Syndrome and application of the new GIRFT pathway
Opinion - Maternity services
University Hospital Leicester hold their inaugural Maternity Safety Conference
Opinion
Junior doctors vote unanimously in favour of strike action
Opinion
Can toilet facilities amount to sex discrimination?
Published Article
Digital Twin Technologies: key legal contractual considerations
Opinion
Consultation launched on minimum ambulance service levels during strike action
Opinion - Maternity services
Changes to redundancy protections for employees post-maternity leave
Legal Update - Shared Insights
Shared Insights: Coroners’ Question Time
On-Demand
Future of Care - Retirement Living webinar
Press Release - Careers
Browne Jacobson health lawyer wins major accolade at Made in Manchester Awards
Opinion
BMA issues medical locum rate card for junior doctors
Legal Update
Employee who refused to wear a face mask fairly dismissed
Opinion
New toolkit to support safer recruitment in the care sector
Legal Update
Green Leases for the NHS
On-Demand
Environmental, social and governance (ESG) in the context of retirement living
Guide
Government response to the consultation on the Higher-Risk Buildings Regulations
Published Article
The first 100 days for Integrated Care Boards
Opinion
Menopause and the workplace
Opinion
Government introduces new “anti-striking laws” to be discussed in Parliament
Press Release - Maternity services
Father Christmas comes to University Hospital Coventry and Warwickshire care of Browne Jacobson’s Birmingham Office Community Action Group
Opinion - Maternity services
The Patient Safety Incident Response Framework (PSIRF) and its impact on maternity services
Legal Update - Shared Insights
Shared Insights: Looking ahead to 2023 – what Health and Care employers need to know
Opinion
Coroner’s refusal to issue a Prevention of Future Deaths Report following death in prison custody inquest was lawful
Article
Mental health, eating disorders and placement of young people
Legal Update
LPS consultation and ‘go live’ planning
Opinion
Consultation launched on plans to amend NHS pension rules to bolster NHS workforce
Legal Update
Getting ready to face Industrial Action
Legal Update - Shared Insights
Shared Insights: Prolonged disorders of consciousness
Published Article
How AI and technology can transform the healthcare sector
On-Demand
The UK's green agenda - the outcomes of COP27 and actions since COP26
On-Demand
Insights from the Chief Coroner by His Honour Judge Thomas Teague, KC
Opinion
BMA advises consultants not to accept less than the BMA minimum rate card for extra-contractual work
The BMA is advising all NHS / HSCNI consultants to ensure extra-contractual work is paid at the BMA minimum recommended rate and to decline offers of extra-contractual work that doesn't value them appropriately.