Clinical Negligence Scheme for Trusts

 

The clinical negligence scheme for trusts covers claims arising from incidents that happened on or after 1 April 1995. The scheme provides a means for NHS Trusts to fund costs of clinical negligence litigation. The scheme was also introduced to encourage and support effective management of claims and risks.

All claims made against NHS member bodies of the clinical negligence scheme for trusts are handled by the scheme. It is not mandatory for NHS
Trusts and Primary Care Trusts (PCTs) to belong to the scheme. However, currently all Trusts and PCTs belong to the scheme for trusts. In cases brought against members of the scheme, the NHS body remains the legal defendant. However, the scheme takes responsibility for handling the claim and the costs associated with the case.

If member bodies of the clinical negligence scheme for trusts meet the required standards, they are entitled to a discount on costs of subscription to the scheme. There are three different levels of compliance and the percentage of the discount received varies, as summarised below.

                                             Discount

  • Compliance at level 1:        10%
  • Compliance at level 2:        20%
  • Compliance at level 3:        30%

The member body must submit evidence to the assessor to prove they have complied with the required standards to get the discount. This evidence must be submitted before the relevant deadlines. When assessors are considering whether the member body is level 2 compliant, the assessor may carry out random interviews with staff.

If you would like to obtain legal advice and information on clinical negligence scheme for trusts, Caven can put you in touch with a local specialist Negligence Solicitor free of charge. So, if you have any questions or would like our help in finding local Negligence Solicitors please call us on 08001 221 2299 or complete the web-form above.

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