EWJ 60 April 2025 web - Journal - Page 18
helping to rebuild patient trust while fostering a culture of openness within healthcare environments.
ing focus on ethical reasoning in medical practice.
Courts are looking for a balance between established
practices and rational, ethical decision-making.
Benefits of Early Notification: Reducing Litigation
Stress
One of the most significant advantages of the ENS is
its potential to reduce the emotional, financial, and
legal stress that families experience during prolonged
litigation. By ensuring that incidents are reported
early, the scheme facilitates faster investigations and,
ultimately, quicker resolutions.
3. Future of the ENS: As more data is collected
through the Early Notification Scheme, there will be
opportunities for refinement and adaptation to
emerging healthcare challenges. Continuous evaluation and learning from reported incidents will ensure
that the ENS remains effective in enhancing patient
safety and reducing medical negligence.
For patients and families, this means that they are
more likely to receive answers and closure without the
lengthy delays typically associated with medical negligence cases. For healthcare providers, the early identification of issues can help resolve disputes more
quickly, ensuring that they can mitigate the legal
consequences of negligence.
Conclusion: A Proactive and Accountable Approach
The NHS Resolution Early Notification Scheme
represents a paradigm shift in how medical negligence
is addressed within the healthcare system. By prioritising early identification, reporting, and investigation,
the ENS ensures that healthcare providers are held
accountable for their actions while promoting a
culture of transparency and learning.
Furthermore, by utilising Bolam and Bolitho, the ENS
helps reduce the likelihood of drawn-out legal battles.
Decisions are grounded in well-established and
rational medical reasoning, which simplifies the
adjudication process.
For both medical professionals and legal experts, understanding the intricacies of negligence and the
workings of the ENS is critical for improving patient
safety and fostering accountability within the healthcare system. Through this collaborative approach, the
NHS is better equipped to handle clinical negligence
cases, promote a safer healthcare environment, and
support both patients and professionals through difficult times.
Systemic Improvements and Lessons Learned
The ENS isn’t just about addressing individual cases of
medical negligence - it also serves as a tool for systemic
improvement within the NHS. By collecting data from
reported incidents, the scheme helps identify trends
and patterns that may indicate broader issues within
the healthcare system.
References
Decision Making and Consent (General Medical Council)
accessed May 29, 2024.
Montgomery v Lanarkshire Health Board [2015] UKSC 11
Supreme Court, “Montgomery (Appellant) v Lanarkshire
Health Board (Respondent) (Scotland) - The Supreme
Court”
.
Principles of Medical Ethics: Beauchamp, T. L., & Childress,
J. F. (2013). Principles of Biomedical Ethics. Oxford University Press
Pre-Action Protocols – Justice UK
.
Legal Aid and Access to Justice Act 1999
For example, if multiple incidents involve similar
medical errors or procedural lapses, this could highlight systemic weaknesses in training, protocols, or
communication. By analysing this data, the NHS can
implement targeted reforms aimed at reducing the occurrence of medical negligence across the system.
Legal Insights: Shaping Case Strategy
For legal professionals, the ENS provides a valuable
opportunity to assess and evaluate clinical negligence
claims early in the process. This enables lawyers to better gauge the merits of a case, assess liability, and negotiate settlements quickly. The streamlined process
offers the chance to resolve disputes in a manner that
is fair, transparent, and less adversarial.
Legal Aid Statistics Quality Statement (GOV.UK, March 28,
2024)
Courts are increasingly valuing early resolutions over
prolonged litigation, and the ENS encourages this
through its emphasis on early reporting, early investigation, and early settlement. Legal professionals
should be aware of the role that the ENS plays in shaping case strategy and ensuring that cases are handled
promptly and efficiently.
.
Department for Work and Pensions, “Compensation Recovery Unit” (GOV.UK, February 20, 2024)
.u
NHS Resolution, “Mediation in Healthcare Claims – an
Evaluation” (2020)
.
Additional Insights and Considerations:
1. Impact on Healthcare Culture: The ENS doesn't
just affect legal aspects of healthcare disputes but plays
a significant role in shaping the culture of transparency within the NHS. By reducing the fear of
reprisal for honest mistakes, it promotes a culture of
learning and professional growth.
Shoosmiths, “What Is the Early Notification Scheme for Maternity Negligence Claims? | Shoosmiths Serious Injury”
(Shoosmiths, March 31, 2021)
.
Montgomery v Lanarkshire Health Board [2015] UKSC 11
2. Legal and Ethical Implications: The evolution of
the Bolam and Bolitho principles reflects an increasEXPERT WITNESS JOURNAL
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