Post-pandemic clinical negligence claims revamped with 2024 agreement 

NHS Resolution has unveiled its new clinical negligence claims agreement, including that “a meaningful letter of apology should be provided as soon as possible” in cases where liability has been admitted. 

The new agreement, a successor to the emergency measures established during the Covid-19 pandemic, was developed in collaboration with groups including Action against Medical Accidents (AvMA) and the Society of Clinical Injury Lawyers (SCIL). 

Some key features include an extended limitation period for certain cases; an emphasis on early disclosure of relevant documentation; improved communication protocols where all parties are now expected to accept correspondence by email; and encouraging pre-action discussions and dispute resolution to avoid “unnecessary” litigation.

The 2024 Agreement also introduces more robust disclosure obligations. Both parties are now encouraged to engage in full and early disclosure of all relevant documents, including duty of candour letters and investigation reports.  

One of the key aspects of the Agreement is its focus on efficiency. The parties involved, including NHS Resolution, the Society of Clinical Injury Lawyers (SCIL), and Action against Medical Accidents (AvMA), have committed to advancing cases that are ready to proceed, even in the absence of formal court timetables. This is expected to reduce unnecessary delays and costs, benefiting all parties involved, particularly the claimants. 

Simon Hammond, director of claims management at NHS Resolution, commented, “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.” 

Sharon Allison, chair of SCIL, said, “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.”

The Agreement will be reviewed every 26 weeks. The next update is due in February 2025. 

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Josie Miller Josie is an editor for Claims Media. She welcomes feedback, comments, and opinion at josie.miller@barkerbrooks.co.uk