A new Clinical Negligence Claims Agreement (CNCA), which came into force on 26 August 2024, is expected to improve the handling of clinical negligence claims for all claimants.
Replacing the Covid-19 Clinical Negligence Protocol, the CNCA aims to foster greater collaboration between NHS Resolution (NHSR) and claimants, ensuring more streamlined and efficient resolution of disputes.
Key features of the CNCA include an emphasis on early disclosure of relevant documents to narrow down issues, improved communication protocols, and a focus on pre-action discussions and dispute resolution. These measures are intended to reduce unnecessary litigation and investigative costs, making the process less burdensome for all parties involved.
The CNCA also outlines considerations regarding costs, such as adopting a reasonable approach to interim payments for damages. Additionally, non-compliance with the CNCA may be considered in cost disputes, impacting court decisions on cost orders. Furthermore, the agreement encourages alternative dispute resolution (ADR) and outlines guidelines for dealing with limitation extensions and time extensions in a fair and reasonable manner.
This agreement aims to promote transparency and accountability, encouraging the NHSR to demonstrate what has been learned from incidents. It is a shift in how clinical negligence claims are managed, with the potential to improve outcomes for both patients and healthcare providers.
If you’ve been affected by clinical negligence and need expert legal advice, SC Law is here to help. Contact us today for expert advice from lawyers who care.
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