MEDICO LEGAL
NEWS
M A G A Z I N E
MEDICO -LEGAL NEWS: By Lisa Cheyne, Medico-Legal Manager, SpecialistInfo A round-up of news in the industry for the second/third quarter of 2020.
Covid-19 negligence protocol
NEWS
NHS Resolution, patient safety charity Action against Medical Accidents and the Society of Clinical Injury Lawyers agreed a Covid-19 Clinical Negligence Protocol to encourage claimant and defendant lawyers to behave positively during the pandemic.
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The protocol is wide-ranging, covering:
On hearings and adjournments, the protocol states that NHS staff should not be required to do anything which affects frontline clinical care. ‘Equally, however, the Covid-19 situation should not be used as an excuse for avoidable delay in matters.’
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moratoriums upon limitation until 3 months after the protocol ends; making use of email to serve and receive documents the default position; encouraging much more innovation for example on-line examinations of clients for medical expert reports; encouraging more co-operation in the progress of claims, and in particular interim payments of damages and costs to avoid unnecessary court hearings;
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settlement meetings and mediations to take place remotely wherever possible; consideration of whether costs budgeting needs to take place initially or can be requested to be adjourned in order to save court and other resources.
The agreement will continue indefinitely until one of the parties gives notice to end it, and the provisions will be reviewed every eight weeks. Read more: https://resolution.nhs.uk/wp-content/uploads/2020/08/ COVID-19-Clinical-Negligence-.Protocol-2020.pdf
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