Clinical negligence scheme


The clinical negligence scheme is a form of insurance for its subscribers. Subscribers to the clinical negligence scheme are NHS bodies. Currently, only NHS bodies can subscribe to the scheme.

The scheme provides subscribers with indemnity cover against any clinical negligence action that is brought against them. It makes commercial sense for NHS bodies to subscribe to the scheme as it is likely to be cheaper than any type of private insurance available. However, note that the clinical negligence scheme only covers clinical negligence claims. NHS bodies are still required to take out insurance to cover other potential liabilities, for example, employer’s liability, health and safety insurance and building insurance.

The scheme gives the NHS bodies unlimited cover against clinical negligence claims. This means that regardless of how much a particular claim is settled for, the scheme will cover the costs of the claim. The only condition is that the negligent treatment was performed on NHS patients. Therefore, if private patients are treated as well as NHS patients, the scheme will only cover negligence claims brought by the NHS patients. Private liability insurance must be taken out to cover claims made by private patients.

One of the aims of the clinical negligence scheme is to settle claims without the need for litigation. Attempts are made to negotiate with the claimants to see if a resolution can be reached without the need for court action. If they cannot, a claimant should commence litigation proceedings in order to recover compensation.

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

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