Claims
Our schemes
The NHSLA handles negligence claims made against NHS bodies through five schemes. Three of these relate to clinical negligence claims (CNST, ELS and the ex-RHAs scheme), while two cover non-clinical risks, such as liability for injury to staff and visitors and property damage (LTPS and PES, known collectively as RPST). While only NHS bodies are eligible for membership of these schemes, Independent Sector Treatment Centres, treating NHS patients, may benefit from CNST cover via their referring Primary Care Trust.
NHS indemnity
Under NHS indemnity, NHS employers are ordinarily responsible for the negligent acts of their employees where these occur in the course of the NHS employment. See guidance on NHS indemnity for further details.
Legal advice
With effect from 1 April 2008, our panel for clinical cases will consist of the following eleven firms:
- Barlow Lyde & Gilbert
- Beachcroft
- Bevan Brittan
- Browne Jacobson
- Capsticks
- Eversheds
- Hempsons
- Hill Dickinson
- Kennedys
- Ward Hadaway
- Weightmans
The non-clinical panel contains nine firms, details of which can be found in our Annual Report.
Statistics
Factsheet 2 provides overview statistics on expenditure incurred by the NHSLA on claims, while Factsheet 3 provides information on the number and type of claims received. Factsheet 5 provides more detailed information on claim numbers and payments in 2004/05.
Approach to claims-handling
Our remit, as set out in our Framework Document, is to ensure that claims made against the NHS are handled fairly and consistently, with due regard to the interests of both patients and the NHS. We seek to settle justified claims efficiently and to defend unjustified claims robustly.
We encourage NHS bodies to offer apologies and explanations to patients when things go wrong. Other guidance issued to members includes our circular on inter-party disputes.
Currently, fewer than 2% of the cases handled by the NHSLA are litigated in court, with the remainder being settled out of court or abandoned by the claimant. Where appropriate we participate in mediation or other forms of alternative dispute resolution (ADR). As a member of the Mediation Working Group set up by the Clinical Disputes Forum, we participated in the creation of the Forum’s Guidance on mediation, with its accompanying Users’ guide.