NHS Resolution’s Early Notification Scheme has significantly reduced the time taken to admit legal liability on cases involving a brain injury at birth.
The organisation’s second report on its scheme, which is designed to drive proactive liability investigations and early resolution of birth injury cases, revealed that the scheme has reduced the average time from seven years to approximately 18 months based on the cases analysed.
Helen Vernon, chief executive of NHS Resolution, commented: “A priority for NHS Resolution is to do all that we can to support improvements in the safety of maternity services in England. The Early Notification Scheme is part of our strategy to remould traditional litigation processes to deliver better outcomes for families and faster learning for the health service.”
“It illustrates how getting closer to the incident can enable early, interim compensation payments to be made which can make all the difference to families at a time when they are most needed.”
The second report makes three new recommendations for improving the scheme. This includes NHS Resolution supporting the work of royal colleges and other stakeholders to improve antenatal counselling before trial of vaginal birth after caesarean section and awareness in relation to response to harm for families and staff.
NHS Resolution should also support working relationships with NHS providers and wider stakeholders to encourage a joined-up approach between trust legal services and maternity and risk teams.
The Association of Personal Injury Lawyers (APIL) commended the aims of the Early Notification Scheme, but expressed several concerns with how it currently operates, including there being “no indication that families are being informed that they have a right to independent legal advice”.
In response, an NHS Resolution spokesperson said: “Providing support to families is central to the Early Notification Scheme and we will always signpost them to organisations who can assist, including independent legal advice. We have put together guidance for families with the support of our patient advisory group, which is available on our website. It is our experience that families do not always want to approach a lawyer straight away and so this is not a prerequisite for the scheme.”
The full report is available to read here.