Legal Services Officer

Job overview

To support Legal Services in providing an effective claims management service for the Trust in respect of clinical negligence; employer and public liability and property claims under the NHS Resolution CNST, PES and LTPS schemes.

To provide consistently high-quality support and management across all legal matters, and predominantly inquests.

Provide initial responses for requests for documents in the early stages of any matter including inquests, claims and other legal matters.

Notify and report to the Head of Legal / General Counsel (Healthcare) any claims trends or issues relating to clinical processes or staff conduct arising out of any claims or inquests.

Main duties of the job

Manage and support clinical negligence, employer/public liability and the administration of other legal matters in line with legal, NHS Resolution and Trust requirements.

Liaise with panel solicitors, claimants’ representatives, NHS Resolution, Coroners’ Officers and internal teams to progress matters effectively.

Review records, gather evidence, prepare chronologies/summaries and ensure disclosure deadlines and authorisations are met.

Support the preparation and administration of inquests, including witness identification, statements, pre-inquest meetings and hearing arrangements.

Escalate complex, contentious or learning-related issues to the Head of Legal / General Counsel and ensure outcomes are recorded and closed appropriately.

Detailed job description and main responsibilities

Main Duties and Responsibilities

Claims Handling

• Manage the litigation claims against the Trust for clinical negligence and employer/public liability cases in accordance with pre-action protocols, Civil Procedure Rules and NHS Resolution reporting requirements.  This is a claims handling function – panel will be appointed on all active claims and so the role is to respond to requests from panel who handle the day-to-day management of active files.
• Investigate claims for loss of personal property or damage to property and make recommendations on reimbursement.
• Responsible for notifying and requesting comments from relevant members of staff on any claim’s matters, where panel has not already been instructed to do so.
• Ensure that all new claims provide sufficient information relating to allegations of negligence in accordance with the Pre-action Protocol for the Resolution of Clinical Disputes and also the Trust’s Claims Policy.
• Liaise with claimants’ solicitors as necessary to elicit further information. Ensure that appropriate authorisation is provided for the release of patient information.
• Review and analyse medical records and any other relevant documents and preparation of chronology/synopsis or other document as directed.
• Ensure that all disclosure deadlines are met in accordance with relevant legislation/regulations.
• Participate in the case conference process in liaison with solicitors and NHS Resolution.
• Liaise with other departments to obtain additional information where there has been a complaint, incident or internal investigation e.g., Health and Safety, Estates.
• Responsible for ensuring that all claims where complex issues arise are brought to the attention of the Head of Legal / General Counsel (Healthcare) for advice and direction as per the Claims Delegation Protocol.

Inquests

To assist the Head of Legal / General Counsel (Healthcare) in the conduct of Coroners’ Inquest cases by completing all preliminary and administrative tasks in the preparation of all such cases, including:

• Acting as primary liaison point with the Coroner’s Office and maintaining a professional and amicable working relationship with the various Coroners’ Officers
• Management of frequent, unexpected and urgent requests for information and/or assistance from Coroners’ Officers which may require reprioritisation of work, exercising judgement having regard to the particular circumstances
• Opening any case management system and electronic file for all new Inquest matters and maintaining/updating the case management system and electronic file records as the matter develops
• Retrieving all medical records and identification of relevant witnesses, and requesting reports and/or statements from the relevant witnesses, ensuring at all times that any time limits imposed by the Coroner’s Office are met
• Identifying linked complaints and incidents and notifying the Head of Legal / General Counsel (Healthcare)
• Analysis and assessment of complex clinical and factual scenarios (which are frequently highly distressing) in the identification of relevant factual witnesses and any key legal, ethical or patient safety issues that may arise in the Coroner’s inquiry;
• Escalating any potentially contentious issues and/or any problems in obtaining witness reports/statements with more senior members of the team (as appropriate) and proactive identification of potential solutions
• Co-ordinating Pre-Inquest Meetings and court hearing appointments for the Legal team and the relevant witnesses and, if appropriate, external Counsel
• Attending Inquest hearings in order to support relevant witnesses in cases which have been assessed by the Head of Legal / General Counsel (Healthcare) as appropriate
• Ensuring that conclusions are promptly obtained from the relevant Coroners’ Officers following the conclusion of Inquests and ensuring that any learning identified has been escalated to the Head of Legal / General Counsel (Healthcare), any case management system and electronic files are closed and archived as appropriate.