Providers need to be alive to the risk of contractors becoming insolvent and how to limit the resulting inevitable disruption.
Government statistics show that, on average, most cases take 12 years to resolve in the current litigious system, and it is hoped that the new system will lead to quicker resolutions for families with earlier payments of compensation made. The scheme would involve independent investigators considering the treatment provided and presenting their findings to a panel of legal and medical experts who decide if compensation is warranted. If families are not satisfied with the decision of the panel, then they are still entitled to pursue legal action.
Whilst it is positive that the Government is looking at alternative systems to address lengthy delays in resolving such claims, there is very little known at this stage as to when the scheme will be introduced and how it will operate. There are concerns that additional delays may be caused by entering into such a scheme, and later having to pursue a legal action when the findings are not satisfactory, as is often the case in the current system when independent investigations are undertaken during the complaint process.
For any children who have unfortunately suffered a brain injury as a result of suspected medical negligence, this is not satisfactory and families should not wait until more is known about the scheme before considering whether to take legal action.
For more information
We have a number of solicitors who specialise in dealing with claims involving brain damage caused as a result of negligent treatment during pregnancy, in labour or during the neonatal period. If you wish to discuss any concerns in that regard, please contact Victoria Fullilove.
Housing associations must continue to deliver core functions effectively and compliantly notwithstanding the uncertainty over the standards to which you will be held in the future.
Over the last few years the meaning of “asset management” has changed from being all about repairs to understanding that assets might not stay in an organisation forever.
The Grenfell Tower tragedy has understandably prompted a fundamental reconsideration of how building safety is approached for High-Rise Residential Buildings.
Results from the latest three-yearly valuation of the Local Government Pension Scheme (LGPS) are starting to trickle through.
The potential for Brexit with or without a deal causes uncertainty, and credit rating agencies do not like uncertainty.
Let’s face it, Wills are underappreciated and often overlooked. In fact, around 54% of the British public do not have one!
A recent case throws light on the scope of the exemption for “land transactions” from the need for an OJEU tender process.
A leaked report into maternity services at the Shrewsbury and Telford Hospitals NHS Trust revealed by The Independent has been described as the “largest maternity scandal in NHS history”.
The Pensions Regulator is showing its determination to improve the prudent management of Local Government Pension funds by digging deep into the internal workings of these funds.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.