Transcript How to Find Your Way Around…

SEPT - MANDATORY TRAINING
How to Find Your Way Around…
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SEPT - MANDATORY TRAINING
CLAIMS PROCEDURE
This lesson supports the trust policy on ‘Negligence and Insurance
Claims’.
The procedural guidelines have been agreed and ratified by the
Trust and are
monitored, to ensure that they are complied with by the Director of
Corporate
What is a Claim?
Affairs and Customer Service
A claim is defined as a legal action to
obtain money, property or the
enforcement of a right protected by
law against another party. A claim
against the trust can be made by
anyone, including staff members,
service users and visitors to the trust.
The process should be applied to all claims received by South
Essex Partnership University NHS Foundation Trust.
SEPT - MANDATORY TRAINING
The Trust has procedural guidelines that set out the
processes for involving third parties such as:• The NHS Litigation Authority (NHSLA),
•
Solicitors,
• Claimants,
• The Coroner
• The Property Expenses Scheme (PES)
• The Liabilities to Third Parties Scheme (LTPS)
• The Clinical Negligence (CNST and ELS).
The Procedure
All correspondence received and relating to a legal
claim against the Trust should immediately be
forwarded to the Trust’s Legal and Insurance
Adviser:-
NHSLA schemes
There are three NHSLA schemes that are applicable to the Trust
Clinical Negligence Scheme for Trusts (CNST) - The CNST handles all clinical negligence claims against
NHS member bodies where the incident in question occurred on, or after 1 April 1995.
Liabilities to Third Parties(LTP) - The LTP covers employers' liability claims, from straightforward slips and
trips in the workplace to manual handling, bullying and stress claims. In addition they also deal with a wide
range of liabilities including public and products liability claims,personal injury claims sustained by visitors to
NHS premises, unlawful detention and claims arising from breaches of the Human Rights Act, the Data
Protection Act and the Defective Premises Act.
Property Expenses Scheme (PES) - PES provides cover for “first party” losses such as theft or damage to
property. Claims are subject to excesses, it would the NHSLA litigation rules that would apply in this situation
SEPT - MANDATORY TRAINING
Correspondence
Supporting Staff
Letters of claim should be sent immediately to the
Legal and Insurance Adviser who will send an
acknowledgement within 21 days of receipt and will
also give details of where all future correspondence
should be sent.
Staff may require differing levels of support during
what may be a traumatic time. Every Manager
therefore has the responsibility to support their staff
on an individual basis. Immediate support must be
offered on a 1:1 basis and on-going support
through regular supervision and 1:1s as required.
The Legal and Insurance Adviser will notify the
appropriate insurer within 21 days.
They will also inform the appropriate Executive Director
and any other key stakeholders, and will designate a
named person/persons to be responsible for liaising on
all matters related to the claim.
It will be the responsibility of the Legal and Insurance
Adviser to contact the named person/persons in order
to pursue the claim
The wellbeing policy provides for a personal
support line service to staff. Should it be identified
that a staff member involved needs additional
support or is experiencing difficulties.
For further information on this please click here to
see the Wellbeing Policy
http://tchw2kent02/pdf/HR36%20%20Workforce%20Wellbeing%20Policy%20%20December%202011.pdf
SEPT - MANDATORY TRAINING
Investigations
Any claim received by the Trust should have previously been reported to the Risk Department on an Adverse
Incident Report form in line with Trust Policy and that any appropriate investigation would have already been
completed with any remedial action plans already in place.
Any investigation of incidents would have been undertaken in line with the appropriate Trust policy and a copy
of this will have been sent to the Legal and Insurance Adviser where applicable.
Any investigation will have identified causal factors and again remedial action plans would have been
instigated.
Where no incident form has already been completed the Legal and Insurance Adviser will contact any staff
involved to ensure an incident form is completed retrospectively and investigation is undertaken as outlined
above.
Lessons Learnt
To ensure that risk to staff, service users and visitors to the Trust is continually reduced and that all quality
issues are addressed; lessons will be learnt from all claims.
At the end of the initial investigation an action plan will be developed to address any issues of concern or
causal factors identified. Action plans will be monitored by the Executive Operational Committee
SEPT - MANDATORY TRAINING
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