Number Of Litigated Cases Reduced By Covid Clinical Negligence Protocol

Current numbers have shown that the number of contested cases in the last two financial years has reduced by 6%. This equates to 572 cases and cost savings to the taxpayer.

At the moment, £57,000 is the average difference in costs paid to claimant solicitors on litigated versus non-litigated closed cases.

However, NHS Resolution has said it will make its findings to know how much the pandemic had impacted on the number of claims before it could actually with “the number of claims before it could ascertain to what extent the fall in litigated claims can be credited to the protocol.

The Covid-19 clinical negligence protocol is a collaboration between NHS Resolution, patient charity Action against Medical Accidents (AvMA) and the Society of Clinical Injury Lawyers (SCIL). It was unveiled in August 2020 and last updated in June 2021.

In contrast to other time-limited claims protocols that were agreed during lockdown, this one will only end when one of the parties gives notice to bring it to an end.

Simon Hammond, director of claims management at NHS Resolution, said: “The clinical negligence protocol has proven how collaboration can be of benefit to all parties. We look forward to working with SCIL and AvMA on the possibility of developing how the protocol could apply in a post-Covid environment.”

Also, AvMA’s director of medico-legal services Lisa O’Dwyer said: “The impressive likely cost savings are testament to what can be achieved when key, specialist clinical negligence stakeholders come together and collaborate. More generally, it is very positive to note that both claimant and defendant practitioners have derived considerable benefit from the clinical negligence protocol.”

In addition, the SCIL chairman Paul Rumley opined that the figures were very encouraging. He expressed satisfaction saying; “we are pleased to be part of this effective, practical and now cost-saving work. It goes to show how specialist claimant lawyers and indemnifiers can work in collaboration to find practical solutions to the challenges faced.”

With the protocol,

• There are moratoriums on limitation until three months after the protocol ends.
• e default position for serving and receiving documents is through email.
• Medical experts are encouraged to be innovating which includes examining clients online.
• Parties are encouraged to show more cooperation for claims to progress. This includes areas of interim payments of damages and costs to avoid unnecessary court hearings.
• Settlement meetings and mediations where possible can take place remotely.

Considerations can be made to determine what approach is best to save court and other resources. This includes if cost budgeting needs to take place initially or seeking for adjournment.

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