The real issue, though, is how to minimise the risks of negligence happening in the first place, and we note the array of initiatives taken to improve clinical standards, including clinical governance, the National Institute of Clinical Excellence and the Commission for Health Improvement. In particular to examine the availability and accessibility of information, support and advice to patients and their relatives and carers. The report was published in late October 1999 and it noted the attempts to improve the quality of patient care by the development of national service frameworks, the National Institute for Clinical Excellence and the Commission for Health Improvement. Click here to see the recommendations in full. The Civil Procedure Rules, which came into force last April, promote openness between patient and healthcare provider so that differences can be settled quickly.
Litigation is now the last resort.
Alternative forms of dispute resolution, such as mediation or conciliation, are encouraged. The Pre-Action Protocol for the Resolution of Clinical Disputes contains a timed sequence of steps for patients and healthcare providers to follow when a dispute arises. The Protocol is reproduced on this site. Many NHS trusts are changing their claims management practices to make the best of these new challenges and opportunities. Those trusts which have not yet adapted have seen their legal costs increase.