Clinical Negligence Covid-19 Protocol
An agreement has been reached between NHS Resolution, the Society for Clinical Injury Lawyers (SCIL) and Actions against Medical Accidents (AvMA), a patient safety charity, governing the management of clinical negligence claims whilst the UK is experiencing the impact of Covid-19.
According to the NHS, the new protocol is intended to 'encourage positive behaviours from both claimant and defendant lawyers and organisations as well as consistency of approach in practices across England. It should reduce the risk of costs being spent unnecessarily on issuing proceedings, applications to extend time or stay proceedings.'
The protocol refers to many different aspects of legal procedure including the following provisions:
- Moratoriums upon limitations until 3 months after the protocol ends
- Making use of email to serve and receive documents as a default position
- Encouraging greater innovation such as on-line client examinations
- Encouraging greater co-operation in the progress of claims, in particular interim payments of damages and costs to avoid unnecessary court hearings
- Settlement meetings and mediations to take place remotely where possible
- In relation to Hearings, NHS staff, whether they are clinicians or managers, should not be asked to do anything which might affect frontline care. However, the Covid-19 situation should not be used as an excuse for an avoidable delay in matters.
In order to be able to respond to the changing situation as the pandemic unfolds, the provisions are subject to review every eight weeks, but the protocol is to remain in place indefinitely until such time as one of the parties chooses to end it.
This new agreement has been welcomed by both the Chief Executive of AvMA, Peter Walsh, and the Chairman of SCIL, Paul Rumley.
Peter Walsh is reported as saying that the protocol 'should provide assurance to those with a potential clinical negligence claim whilst also acknowledging the severe pressure which the NHS are under as a result of the pandemic.'
Legal advice
If you or a loved one are struggling with the on-going impact of a significant failing in medical care, you should seek specialist legal support.
Glynns Solicitors is a clinical negligence legal practice with extensive experience of these complex claims. Contact us today and one of our team of specialist solicitors will be very happy to talk to you.
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