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In the aftermath of the Covid-19 pandemic, a strategic clinical negligence protocol was introduced, aiming to enhance the management of claims and streamline processes during these challenging times. The protocol, a collaborative effort between NHS Resolution, patient charity Action against Medical Accidents (AvMA), and the Society of Clinical Injury Lawyers (SCIL), has proven to be a success, leading to a notable reduction in litigated cases. Inspire Legal Group, a leading solicitor in North Yorkshire, can assist you with medical negligence.

Over the last two financial years, there has been a commendable 6% decrease in litigated cases, amounting to 572 cases. Beyond the evident positive impact on case numbers, this reduction has resulted in substantial cost savings for taxpayers. The average difference in costs paid to claimant solicitors between litigated and non-litigated closed cases stands at approximately £57,000 per claim.

While these outcomes are promising, NHS Resolution emphasizes the need for further investigation into the specific impact of Covid-19 on claim numbers. This cautious approach ensures a thorough understanding of the protocol’s role in the reduction of litigated cases.

The Covid-19 clinical negligence protocol, introduced in August 2020 and updated in June 2021, stands out due to its ongoing nature, remaining in effect until either party gives notice to terminate. The protocol introduces various measures to streamline processes and foster collaboration, including:

  • Moratoriums on Limitation: Extending limitation periods until three months after the protocol concludes.
  • Email as the Default: Making email the default method for serving and receiving documents.
  • Encouraging Innovation: Promoting innovative practices such as online medical expert examinations.
  • Cooperation for Progress: Emphasizing cooperation to advance claims, including interim payments to avoid unnecessary court hearings.
  • Remote Settlement Meetings: Facilitating remote settlement meetings and mediations whenever possible.
  • Costs Budgeting Consideration: Evaluating the necessity of costs budgeting initially to save court resources.

In conclusion, the clinical negligence protocol stands as a testament to the positive outcomes achievable through collaborative efforts, marking a significant step forward in the efficient management of clinical negligence claims. Inspire Legal Group enables proportionate costs and supports positive changes to benefit clients. 

Natalie Foster – Owner

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