PI Brief Update

New Clinical Negligence Agreement Launched - Philip Matthews, Temple Garden Chambers

16/09/24. The updated ‘Clinical Negligence Claims Agreement 2024’ has been launched, replacing the ‘Covid-19 Clinical Negligence Protocol’ established in 2020. This updated agreement was developed through collaboration between NHS Resolution, the Society of Clinical Injury Lawyers (SCIL) and Action against Medical Accidents (AvMA), a patient safety charity. The purported aim is to “further improve claims management practices”.

Key points for practitioners include: -

• The agreement extends the limitation period where it was already extended under the Covid-19 clinical negligence protocol by a further 12 months from 27 August 2024.
• Parties are encouraged to provide full disclosure in a “spirit of collaboration”, including mutual (without prejudice) exchange of liability evidence prior to the issue of proceedings. Claimants are specifically encouraged to disclose all documents relevant to their special damages claim to allow for early quantification.
• In terms of communication, there should be reciprocal acceptance of encrypted email by all parties. NHS Resolution has requested that correspondence is sent by email only.
• If proceedings are to be issued, claimant lawyers have agreed to provide NHS Resolution with ‘reasonable notice’ (28 days, if possible) to allow the parties to explore alternative dispute resolution. In the absence of early settlement, parties should further consider participating in a ‘stock-take discussion’ to review their positions.
• In cases where liability is admitted, the NHS should provide a ‘meaningful letter of apology’ to the claimant as soon as possible. This letter should also identify any patient safety lessons that have been learned from the case and any measures that have been put in place as a consequence.

See more: Clinical Negligence Claims Agreement 2024

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