Clinical negligence claims agreement 2024 published

NHS Resolution Launches the 2024 Clinical Negligence Claims Agreement

NHS Resolution has announced the implementation of a new Clinical Negligence Claims Agreement for 2024, aimed at enhancing the management of clinical negligence claims. This agreement was developed collaboratively with key stakeholders, including Action against Medical Accidents (AvMA) and the Society of Clinical Injury Lawyers (SCIL).

Simon Hammond, Director of Claims Management at NHS Resolution, emphasised that the agreement builds on the successful COVID-19 Clinical Negligence Protocol established in 2020. He stated, “This agreement builds upon the successful COVID-19 Clinical Negligence Protocol established in 2020 and aims to further improve claims management practices. It reflects our ongoing commitment to fair and efficient resolution of clinical negligence claims while promoting patient safety and learning.”

Key Features of the Agreement

The 2024 agreement introduces several critical features to improve the claims management process:

1. Extended Limitation Periods: The agreement provides extended limitation periods for certain cases, offering greater flexibility for claimants and their representatives.

2. Early Disclosure of Documentation: An emphasis on the early disclosure of relevant documents is expected to help narrow down issues and reduce investigation costs, making the process more efficient.

3. Improved Communication Protocols: The agreement continues the practice of accepting electronic correspondence and service of documents, streamlining communication between parties.

4. Encouragement of Pre-Action Discussions: The agreement promotes pre-action discussions and dispute resolution to minimise unnecessary litigation. It retains elements of the previous protocol, such as encouraging stock-taking before commencing litigation and considering interim payments and early evidence exchange.

Sharon Allison, Chair of SCIL, commented on the importance of the agreement's focus on apologies and learning from mistakes. “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,” she said.

Lisa O’Dwyer, Director of Medico Legal Service at AvMA, also praised the agreement's emphasis on transparency and cultural change within trusts. “This is the first time that a litigation process has put the emphasis on trusts to demonstrate to injured and/or grieving parties what has been learned. It is potentially an innovative and exciting step forward, and its importance to claimants cannot be overstated. We encourage all trusts to comply with this expectation which will contribute to a meaningful and positive change of culture,” O’Dwyer said.

A Collaborative Approach to Managing Claims

The new agreement highlights the cultural shift in managing clinical negligence claims, focusing on reducing friction in the process. Simon Hammond noted, “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.”

The agreement is set to be reviewed every 26 weeks to ensure it remains effective and responsive to the evolving needs of all parties involved in clinical negligence cases.

For further details, the full agreement is available for review.