Handling of Clinical Negligence Claims

Introduction

The Trust is committed to the effective and timely investigation and response to any allegation of clinical negligence. In managing claims, the Trust aims to achieve an equitable outcome for all parties concerned, to take appropriate corrective action, facilitate wider organisational learning and to reduce the risk of future litigation.

Purpose and Scope

The purpose of this policy is to detail the structure and framework for the management of clinical negligence claims at Ashford & St Peter’s Hospitals NHS Foundation Trust (the Trust). The policy takes account of statutory requirements and guidance and defines the claims process, the roles and responsibilities of staff within the Trust and relationships with claimants and third parties such as National Health Service Resolution (NHSR) and Solicitors.

The policy also addresses the possible link between an adverse verdict at a Coroner’s Inquest and a clinical negligence claim and details the actions that will be taken in the event of the Trust instructing Solicitors to represent the organisation at Inquest.

The policy should be read in conjunction with NHS Resolution’s Clinical Negligence Reporting Guidelines which may be downloaded from here.

Policy Details

See also:

• Incident Reporting and Management Policy (including the investigation of Serious Incidents)
• Complaints, Concerns, Patient Advice and Liaison Service, Compliments and Remedy Policy
• Management of Non-Clinical Claims Policy
• Being Open Policy
• Management and Reduction of Stress Policy
• Interpreting Services Policy
• Records Management Policy
• Education, Learning, and Development Policy

• Pre-Action Protocol for the Resolution of Clinical Disputes.
• NHS Resolution Clinical Negligence Reporting Guidelines
• The Data Protection Act 2018.
• Access to Health Records Act 1990
• The Freedom of Information Act 2000