Claimant and defence chiefs in the clinical negligence sector have announced a renewed commitment to collaboration. The clinical negligence claims agreement replaces a similar pact made during lockdown and aims to reduce extra arguments on limitation, disclosure and service procedure.
The document has been drawn up by NHS Resolution, the Society of Medical Lawyers and the charity Action against Medical Accidents.
Parties who sign up will be required to abide by the provisions and can be referred to the court for non-compliance if there are signs that they are incurring costs unnecessarily or not keeping to service provisions.
The agreement’s provisions include expectations that:
- Parties will agree to a limitation extension up to six months if the claimant can explain why it is needed
- Defendants disclose all duty of candour letters as well as investigations and complaints documents
- Firms and organisations ensure that staff who have conduct of files are identified and contactable
- Parties adopt a ‘reasonable approach’ to requests for interim damages payments and that defendants respond within 28 days.
Service of documents via email, including the claim form, particulars of claim and any supporting evidence, is to be an automatics accepted method of service. The onus will be on the serving party to ensure the email address is valid and operational, and to check whether file sizes are small enough to be attached. Claimant lawyers are to provide NHS Resolution with ‘reasonable notice’ if proceedings are to be issued, so the parties can explore dispute resolution in the meantime.
The groups behind the agreement say parties will be encouraged to do a ‘stock take’ of claims to avoid the need for litigation and to provide earlier exchange of evidence to promote resolution.
Simon Hammond, director of claims management at NHS Resolution, added: ‘The fact the parties have been able to agree a successor agreement reflects the cultural change we have witnessed in how clinical claims are managed. It is extremely pleasing to see the continued desire to work together to remove friction from the claims management process.’
Sharon Allison, chair of the Society of Clinical Injury Lawyers, added: ‘The agreement encourages apologies where appropriate and reflects that harmed individuals and their families often want to ensure that similar errors are avoided in the future. Defendant organisations are encouraged to provide apologies and identify where lessons have been learned and what steps have been taken to prevent further harm.’
The agreement will be reviewed every 26 weeks to ensure it remains effective and responsive to the needs of all parties. Any signatory wanting to end their participation must give four weeks’ notice.
