Shared Insights: Collaborative working with patients' solicitors - courts, claims and litigation update
Sarah Stork, Senior Associate, provides an update on how the courts are dealing with litigation during the Covid 19 pandemic.
These insights were shared at our fortnightly online forum for NHS professionals on 16 June 2020. To find out more please visit our Shared Insights hub.
Karen Reynolds is a partner at Freeths who acts for patients and families and specialises in clinical negligence claims. Karen explained how claimant firms were being affected by the pandemic and what the future may hold for litigation post Covid-19. She shared her thoughts on how NHS Trusts can work collaboratively with patients and their representatives to deal with claims more effectively and efficiently while continuing to recognise the need to keep the injured patient at centre of any dispute or claim.
Sarah Stork, Senior Associate at Browne Jacobson, provided an update on how the courts are dealing with litigation during the Covid 19 pandemic.
The Shared Insights were:
- Many patients’ representatives are now on a remote working footing but are operational and “open for business”
- Respectful communication is key in building trust and facilitating open and honest discussions with patients and their representatives
- Use the telephone or other ‘video call’ platforms
- If writing, take care of the use of language and the tone of your communication
- Be adaptable and innovative
- If investigating a dispute, use remote platforms, for instance with experts conducting ‘remote examinations’, or discussing matters with clinicians
- In resolution of a claim, consider remote forms of dispute resolution (remote mediation, for example)
- Continue to find a way to work more collaboratively to resolve patient concerns. Always try to narrow the issues and where possible achieve effective resolution of concerns
- Would an early meeting between Trust and Claimant’s representatives help?
- To find out more, click here to read Freeths thoughts on the session and click here to read about Browne Jacobson’s focus on collaborative working
You may be interested in...
Opinion - Maternity services
University Hospital Leicester hold their inaugural Maternity Safety Conference
In Person Event
Navigating your way through high profile sensitive reviews and investigations
Opinion
Junior doctors vote unanimously in favour of strike action
Opinion
Can toilet facilities amount to sex discrimination?
Opinion
The Solicitors Regulation Authority has approval to take over from the Solicitors Indemnity Fund
Legal Update
Embargoed Judgments: A Professional Word of Caution
Published Article
Digital Twin Technologies: key legal contractual considerations
Opinion
Consultation launched on minimum ambulance service levels during strike action
Opinion - Maternity services
Changes to redundancy protections for employees post-maternity leave
Press Release
Browne Jacobson’s intellectual property lawyers ranked experts in World Trademark Review guide 2023
Legal Update - Shared Insights
Shared Insights: Coroners’ Question Time
Press Release - Careers
Browne Jacobson health lawyer wins major accolade at Made in Manchester Awards
Opinion
BMA issues medical locum rate card for junior doctors
Legal Update
Employee who refused to wear a face mask fairly dismissed
Opinion
New toolkit to support safer recruitment in the care sector
Legal Update
Green Leases for the NHS
Opinion
Term-time school worker entitled to national minimum wage for unworked basic hours
Guide
Government response to the consultation on the Higher-Risk Buildings Regulations
Legal Update
Public matters - January 2023
Published Article
The first 100 days for Integrated Care Boards
Opinion
Menopause and the workplace
On-Demand
Future of Care - Retirement Living webinar
In Person Event
Independent Healthcare In-House Lawyers Forum
Opinion
Litigation in 2023 – Reforms on the horizon
Opinion
Government introduces new “anti-striking laws” to be discussed in Parliament
Press Release - Maternity services
Father Christmas comes to University Hospital Coventry and Warwickshire care of Browne Jacobson’s Birmingham Office Community Action Group
Opinion - Maternity services
The Patient Safety Incident Response Framework (PSIRF) and its impact on maternity services
Legal Update - Shared Insights
Shared Insights: Looking ahead to 2023 – what Health and Care employers need to know
Opinion
Coroner’s refusal to issue a Prevention of Future Deaths Report following death in prison custody inquest was lawful
Article
Mental health, eating disorders and placement of young people
Legal Update
LPS consultation and ‘go live’ planning
Opinion
Consultation launched on plans to amend NHS pension rules to bolster NHS workforce
Legal Update
Getting ready to face Industrial Action
Legal Update - Shared Insights
Shared Insights: Prolonged disorders of consciousness
Published Article
How AI and technology can transform the healthcare sector
On-Demand
The UK's green agenda - the outcomes of COP27 and actions since COP26
On-Demand
Insights from the Chief Coroner by His Honour Judge Thomas Teague, KC
Opinion
BMA advises consultants not to accept less than the BMA minimum rate card for extra-contractual work
The BMA is advising all NHS / HSCNI consultants to ensure extra-contractual work is paid at the BMA minimum recommended rate and to decline offers of extra-contractual work that doesn't value them appropriately.
On-Demand
Leadership and lessons learnt during the Pandemic by Professor Jonathan Van-Tam
Legal Update
Settlement agreements – what are the limitations?
Settlement agreements are commonplace in an employment context and are ordinarily used to provide the parties to the agreement with certainty following the conclusion of an employment relationship.