Detailed job description and main responsibilities

To assist and deputise the Trust’s Head of Medico-legal Services (Brighton and Haywards Heath) in all aspects of delivering the service, which meets both internal and external requirements. This includes prioritising and managing own caseload of inquests (majority in West Sussex, Brighton and Hove, but other Coroner Areas are covered), claims (majority clinical negligence claims), and other enquiries or requests for advice; identifying, training and supporting staff in drafting statements and other documents that may be required for legal matters; attending inquests to represent the Trust and support witnesses and other Court hearings, including representing and making decisions on behalf of the Trust as required; providing wide-ranging advice on Medico-legal issues, including immediate support in an emergency (with rapid reassessment of priorities in conjunction with Medico-legal colleagues as necessary to respond appropriately); drafting and or revising Trust wide policies (e.g. the inquest policy) on request. 

Key working relationships

Internal: Trust employees (past and present) clinical and non clinical, including Senior Managers, Clinical Directors and Executives.

External: HM Coroners and Coroners Officers, claimants and others with legal concerns / criticisms about services provided by the Trust; Solicitors and other legal representatives (Claimant, Defence and third party); Counsel; other Trusts; NHS Resolution (NHSR); insurers; independent experts (mainly Consultants); Police; Local Authorities; other organisations (e.g. Care UK).

Main Duties and Responsibilities

1.     Provide full support and assistance to the Head of Medico-legal Services (Brighton and Haywards Heath). This may include the following functions, and others which may from time to time be delegated:

2.     Receive and manage contact from Coroners and their staff concerning individual deaths: Such management includes:

i)                 Identification and provision of timely information as required, including assisting current and ex-staff to provide statements as necessary.

ii)               Strategic planning to ensure all appropriate information, documents and witnesses are identified, properly prepared and available as needed in the inquest process.

iii)              Attending Court and representing the Trust as an Interested Person, supporting staff who give evidence, making legal submissions, and very occasionally giving evidence in person.

iv)             Liaison as necessary with family and legal representatives of the deceased, and other parties (e.g. Police, Health and Safety Executive, MHRA).

v)               Investigation and drafting responses to Regulation 28 Reports from HM Coroner, and other correspondence such as formal complaints relating to inquests, for approval and signature by the Chief Executive / Executive Directors.

3.     Receive claims for compensation against the Trust and manage them in accordance with the Civil Procedures Rules and the NHSR Reporting Guidelines. Such management includes:

i)                 Timely investigation, making or confirming decisions to repudiate or settle, and ensuring just resolution of claims as far as possible.

ii)               Multifaceted, long term planning, for each claim, to ensure the Trust does not breach statutory protocols and to achieve timely and effective resolution. This may require both strategic thinking and frequent adjustment and modification of priorities, to respond to legal developments with tight statutory deadlines.

iii)              Liaison with NHSR staff and any Defence solicitors instructed on behalf of the Trust by the NHSR, or occasionally directly, to explore and resolve claims effectively.

iv)             Liaison with the Trust Complaints department and directly with Claimants in Person.

v)               Arranging and attending meetings, including between legal representatives and Trust staff, to provide support and plan the management of individual cases.

vi)             Verifying and signing Statements of Truth on legal documents on behalf of the Trust.

vii)            Advising staff of outcome of claims and archiving files as appropriate.

viii)          Providing information arising from claims, for Patient Safety and Governance purposes to triangulate learning across the Trust.

4.      Receive and provide complex and sometimes highly sensitive or contentious information relating to adverse events and potential risks to the Trust where persuasive, motivational, negotiating, empathic or reassurance skills are required to attain agreement or co-operation for effective resolution.

5.     Highlight potentially high risk issues or events involving individual staff or teams, identify and notify senior managers as appropriate of remedial actions to reduce the likelihood of recurrence, thus increasing future safety for patients, staff and visitors.

6.     Manage and/or redirect written or verbal enquiries from claimant solicitors, including in relation to third party matters; advise Trust staff on the management of such contacts.

7.     Maintain claims management and inquest databases and files so they are fully up to date at all times.

8.      Identify and arrange preservation, photography and/or copying as necessary, of relevant records and other items as required for legal purposes.

9.      Attend and prepare reports for committees and staff groups as required, on numbers and types of inquests or claims and their progress, highlighting trends, root cause analysis and other issues which may need wider review and action. Provide teaching and training on Medico-legal matters.

10.    Liaise pro-actively with staff throughout the Trust, including clinical and non-clinical risk management, Complaints, PALS and the Communications team as necessary.

11.    Provide wide-ranging advice to staff and others on Medico-legal issues (some of which may present as an emergency), including consent, clinical policies, mental capacity, confidentiality etc.

12.    Undertake other duties appropriate to the post as required by the Service.

Communication

·       Excellent interpersonal skills, including in highly stressful, emotional or contentious situations.

·       High standard of literacy / written communication skills and oral skills.

·       Ability to empathise and communicate well with emotional (distressed, angry, frightened etc.) people (patients, relatives, staff).

·       Develops and maintains constructive relationships with a diverse cross-section of people.

·       Deals frequently with sensitive, in depth, confidential and distressing information (e.g. deaths), tactfully and discreetly in difficult circumstances.

·       Negotiates and persuades staff to resolve differences of opinion and conflicts.

·       Works well under pressure, dealing professionally and tactfully with a variety of people in difficult situations, and adjusting priorities to address changing needs.

·       Identifies and liaises with relevant stakeholders in all aspects of the service.

·       Good team player.

·       Able to provide lay term explanation of clinical or legal advice and terminology given by others.

Service delivery and improvement

·       Contribute positively to the delivery of the Medico-legal Services Teams objectives, and the wider Patient Safety Team to identify new / improved ways of working and find solutions to problems. 

People management and development

·       Responsible for carrying out duties in line with the Trust’s e-rostering processes, including managing rosters, supporting staff allocation, and contributing to effective budget reconciliation and workforce planning.

·       Support the Head of Department in managing and training the team.

Patient care delivery

·       Contribute positively to improving patient safety by triangulation of learning from inquests and claims.

Learning and development

·       Attend mandatory training updates as required.

·       Undertake training as necessary in line with the development of the post and as agreed with the line manager as part of the personal development process.

·       Achieve and demonstrate agreed standards of personal and professional development within agreed timescales.

·       Identify own learning needs and jointly plan training requirements with your line manager

·       Participate in the Trust’s appraisal process to discuss how your role will help deliver the best possible care to our patients and help to deliver any changes in service.

This job description is an outline of the role and responsibilities. From time to time due to the needs of the service, we may ask you to flexibly undertake other duties that are consistent with your role and banding, including project work, internal job rotation and absence cover.

The job description and person specification may be reviewed on an ongoing basis in accordance with the changing needs of the department and the organisation. 

This role is eligible for visa sponsorship under the UK Visas & Immigration (UKVI) Skilled Worker route. Sponsorship can only be provided where applicants meet the specific requirements set by UKVI, including the relevant skill and salary thresholds, and any role-specific criteria.