Source · Select Committees · Health and Social Care Committee
Recommendation 7
7
Accepted
Paragraph: 51
New clinical negligence pathways offer no substantial improvement for seeking redress
Conclusion
It is positive that the Government has improved its communication and information online around how to bring claims of clinical negligence through the 20 Follow-up on the IMMDS report and the Government’s response new “pathways”. However, these pathways do not represent a substantial change or benefit to stakeholders who have repeatedly expressed their frustration regarding seeking redress.
Government Response Summary
The government described the existing claims gateways, established with NHS Resolution for pelvic mesh and sodium valproate, which aim to simplify information access and the claims process. They committed to continuing to monitor the operation of these gateways and work with NHS Resolution to respond to any learning.
Paragraph Reference:
51
Government Response
Accepted
HM Government
Accepted
. We recognise there can be challenges for people to bring clinical negligence claims. legal claim. We listened carefully to these concerns and worked with NHS Resolution to establish the claims gateways for those affected by pelvic mesh and sodium valproate. The gateways are designed to make it easier for people to bring a claim by: Government Response: Follow-up on the IMMDS report and the Government’s response 9 • Providing access to the information they need in one place. The gateways set out details of the procedure for reporting and investigating claims and provide an overview of the legal test of negligence and what needs to be established for a successful claim. • Providing a simplified process for claims to be reported to NHS Resolution which can enable the investigation of a claim to be initiated sooner. • Enabling and supporting those claimants without legal representation to bring a claim, but also signposting to sources of independent legal advice, which claimants can access if they need it. NHS Resolution has so far received 16 new claims through the gateways. Investigations have been initiated into all of these claims, but it is too early for any of them to have reached a conclusion resulting in compensation being paid. We will continue to monitor the operation of the gateway and work with NHSR to respond to any learning from its implementation.