NHS Resolution announces new Clinical Negligence Claims Agreement 2024

NHS Resolution have announced the implementation of a new Clinical Negligence Claims Agreement for 2024. The agreement applies to any defendant indemnified by a defence organisation that is a signatory as well as claimants represented by firms of solicitors who are either memebers of AvMA's Panel or Lawyers Services, members of SCIL, or any other organisation which becomes a signatory. Although it does not directly affect expert witnesses, Members who act in clinical negligance case should note the new agreement.

The agreement builds on the Covid-19 Clinical Negligence Protocol established in 2020 with the aim of improving claims management practices. Key features include:

1. Extended limitation periods for certain cases, providing flexibility for claimants and their representatives.

2. Emphasis on early disclosure of relevant documentation to help narrow issues and reduce investigation costs.

3. Improved communication protocols, including ongoing acceptance of electronic correspondence and service of documents.

4. Encouragement of pre-action discussions and dispute resolution to avoid unnecessary litigation.

The agreement encourages the parties to exchange expert evidence by encrypted email and to cooperate to ensure a claimant's medical records and imaging are shared electronically in a suitable fromat to avoid any delays in assessment. 

The agreement is available here.