Detailed job description and main responsibilities

Claims Management

·         To manage and co-ordinate a caseload of litigation claims, (excluding employment tribunal and commercial claims) clinical negligence and employer/public liability cases in accordance with CPR and relevant pre-action protocols.

·         To ensure that new claims provide sufficient information relating to allegations of negligence in accordance with relevant Pre-Action Protocols and internal policies as applicable.

·         To provide all appropriate support and liaison with clinical and operational colleagues who are relevant witnesses or persons able to assist with potential or actual litigation, in conjunction with external Trust solicitors’ when necessary.

·         To provide advice and direction to clinical and operational management staff on appropriate approaches and strategies for claims. This includes the management of contentious cases which is focused on achieving resolution.

·         To undertake preliminary analysis of medical records and produce a synopsis of claimant care which should identify relevant clinicians and assess litigation risk.

·         To be responsible for initial assessment of claims and subsequently ensuring all claims deemed ‘reportable’ under CNST Reporting Guidelines are reported in a timely manner to NHSR.

·         To ensure that all claims where complex issues arise are identified by the team and are appropriately escalated to the Head of Legal for advice and direction.

Coroners’ Inquest Management

·         To manage and co-ordinate a caseload of Amber RAG rated Inquest files.

·         To assist the Head of Legal Services on Red RAG rated Inquest files and to support the Legal Services Team on all other Inquests as appropriate.

·         To ensure the Trust complies with its duties in relation to the relevant legislation, Coronial Rules and Practice Directions.

·         To review all relevant reports and witness evidence and escalating as necessary to the Head of Legal and/or Director of Corporate Affairs and Senior Clinical Management team as appropriate. To ensure the legal team works consistently in the management of the same.

·         To ensure the smooth organisation of complex inquests involving all relevant Trust departments including risk, patient services and communications.

·         To consider and facilitate, when appropriate and following discussion with Head of Legal, the instruction of external legal advice/representation.

·         To monitor HM Coroners’ cases (specifically following receipt of a Regulation 28 Report) and claims, to identify and act on risk issues arising from their investigation.

·         To provide in-house support and guidance for Trust staff attending Inquests.

·         To provide cross site cover and appropriate deputy support for the Head of Legal when required to meet operational requirements and provide cover for periods of leave.

·         To act as an expert resource for legal team members and wider staff in relation to legal aspects of claim investigations, complaints handling and management of inquest proceedings, both technical and practical.

·         To prepare reports for Divisions as and when required analysing inquests and claims data and presenting this at divisional or other meetings.

·         To ensure the legal team key performance indicator dashboard is up to date and in line with best practice.

COMMUNICATION

·      To provide specialist legal advice in relation to the clinical care of patients/clients, liaising directly with the treating medical and nursing teams, thereby contributing directly to patient care.

·      To advise medical/nursing staff regarding issues affecting patient care and general health care, such as the law relating to consent, capacity, best interests as appropriate and escalating complex issues as appropriate to the Head of Legal with the aim of contributing to and informing treatment plans and clinical decisions regarding ongoing care.

·      To liaise with the PALS/complaints team on complex or contentious complaints cases as necessary where there is the potential for subsequent litigation or where a legal opinion is required.

·      To instruct appropriate experts as and when required to assist in internal Trust Investigations

·      To liaise closely with the Medical Examiner Officers (internal) and Coroners’ office to facilitate full engagement with the Coronial process including obtaining relevant reports and witness statements, identifying relevant clinicians through review of relevant medical records.

·      To liaise with NHS Resolution and Panel Solicitors as necessary to ensure appropriate provision of patient information in support of inquests and claims management and to ensure application for the funding of inquests representation is provided in line with national guidance.

The post holder will be required to have regular contact with:

Internal:

·          Head of Legal

·          Assistant Director of Quality and Safety

·          Complaints/Patient Liaison Services

·          Bereavement/Medical Examiner office

·          Medical Director and senior clinicians/nursing team

·          Clinical Governance/investigation/patient safety teams

·          Senior Operational Management

External:

·          NHS Resolution

·          HM Coroners’ Office

·          Panel and third-party solicitor firms

·          Police

·          Local authorities

TRAINING AND DEVELOPMENT

·         To ensure all core skills and mandatory training requirements are always up to date, in line with Trust requirements.

·         To develop and deliver Consent, Duty of Candour, Coroner and Claims management training packages to a variety of staff groups at different levels in conjunction with clinical governance, patient safety, and education teams as appropriate.

·         To support the development and training of legal and governance team colleagues.

·      To provide support and supervision to team colleagues in the management of the points including regular review of all on-going inquest matters and appropriate escalation to Head of Legal Services and management.

·         To participate in an annual appraisal against individual personal development plan and service objectives, and to provide the same for direct reports.

ORGANISATIONAL RESPONSIBILITIES

·          To be responsible for the day-to-day operational management of the team. and to support the management of operational HR matters including absence management, appraisals, disciplinary and performance management.

·          To be responsible for the authorisation of payment of costs/compensation only in accordance with the Trust Standing Financial Instructions.

·     To assist in the monitoring of incidents and claims to identify and to escalate any identified Trust-wide risk issues arising from their investigation and proceedings with a focus on identifying aspects of learning and patient safety improvement.

·     To liaise with the Quality Governance team and appropriate divisional colleagues to ensure remedial actions are properly identified, implemented, and monitored.

·          To contribute to management groups and developing the objectives for the legal team, and undertake specific projects required.

·          To regularly participate in multi-disciplinary meetings advising Trust legal matters e.g. PSIRI and Complex case advising on potential risks.