Job summary
We are looking for either a legally qualified individual or someone with significant experience of working within an NHS Legal Services Department, to manage the trusts caseload of clinical negligence, employer liability and public liability claims and support inquest management for a fixed term of 1 year.
You must be educated to degree level, and preferably have (or working towards) a legal or clinical qualification. You must have excellent interpersonal and communication skills (written and oral). You must be capable of working on your own initiative; be discreet and very tactful; have a high standard of analytical skills; have the ability to organise and prioritise methodically; and be flexible in your approach in order to meet the needs of the service.
You will work closely with NHS resolution and its panel solicitors, Coroners and clinicians involved in claims and inquests and will be responsible for making decisions about liability and quantum on behalf of the trust.
You will also be required to provide support to PHU staff on various legal and ethical issues as well as representing the department on relevant committees.
You will have management responsibility for 3 members of the legal services team and will deputise for the Head of Legal as required.
Main duties of the job
- Manage significant caseload of clinical negligence/employer liability/public liability cases.
- Support with management and delivery of Inquests.
- Mange 3 member of the legal services team.
- Provide support in relation to adhoc patient related legal issues.
- Liaise with the Trusts solicitors as required.
- Represent the Department on various committees.
- Deputise for the head of legal services as required.
About us
The Trust is committed to driving excellence in care for our patients and communities and was rated good by the Care Quality Commission report published 2020 and became a University Hospital. We are ranked as the third in the country for research; embedding education and training across the organisation and we continuously strive to achieve our core values which are at the heart of everything we do. The Trusts main hub is the Queen Alexandra Hospital, starting life as a military hospital over a century ago and now one of the largest hospitals on the south coast and you may have seen us on the TV series Nurses on the Ward. The Trust provides comprehensive secondary care and specialist services to a local population of 675,000 people across South East Hampshire. The Trust employs over 8,000 staff and are #ProudtobePHU; our patients come from all walks of life and so do we. We hire great people from a wide variety of backgrounds, not just because its the right thing to do, but because it makes our hospital stronger. If you share our values and our enthusiasm for providing outstanding care and support for patients, colleagues and our community you will find a home at PHU. In recruiting for our team, we welcome the unique contributions that you can bring in
terms of your education, opinions, culture, ethnicity, race, sex, gender
identity and expression, nation of origin, age, languages spoken, veterans
status, colour, religion, disability, sexual orientation and beliefs.
Job description
Job responsibilities
Claims Management
- Ensure that clinical negligence and employer/public liability claims are managed effectively and efficiently in a way that complies with civil procedure rules and the requirements of NHSR. This includes claimants in person as well as solicitor led claims
- Assist the Head of Legal Services to plan and manage all medico-legal claims ethically and cost effectively within the parameters required by NHSR and the Trusts Claims Handling Policy, ensuring that appropriate Trust forums and clinical staff involved in claims are kept informed of the progress of each case.
- Assist the Head of Legal Services to act as an expert in litigation matters on behalf of the Trust, liaising with NHSR in accordance with reporting guidelines.
- Identify potential resolutions to litigation claims on behalf of the Trust to seek to reduce the cost to the organisation.
- Authorise admissions of liability and settlements to be made by the NHSRon behalf of the Trust and state the Trusts view if an admission of liability and/or settlement is not agreed.
- Liaise with senior clinical and nursing staff to obtain appropriate statements and use influence and persuasion to ensure deadlines and reports are prepared to deadline for litigation claims.
- Check medical and nursing reports submitted in relation to litigation cases and provide advice and guidance in relation to their content.
- To prepare and advise staff who are required to attend Court in order to ensure that they are supported and appropriately advised on Court conduct and protocol.
- Be the point of contact for NHSR and Trust solicitors.
- Identify and communicate risks to Directors and other operational senior managers and to advise on necessary actions to be taken to ensure that lessons are learnt from the claims process.
- To attend Court and conferences with Counsel as the Trust representative for claims, in order to provide NHS Resolution (NHSR) with the Trust views on intended actions and to support and advise Trust staff who are appearing as witnesses.
Coroner/Inquest Liaison
As required by the Head of Legal Services.
- To support the Head of Legal Services in liaising between the Coroner and the Coroners Officers and Trust staff in order to ensure good and sympathetic working relationships and to ensure that the Trust is fully aware of, and can take appropriate action in relation to matters reported to the Coroner. To ensure that staff attending the coroners court are briefed and supported.
- Support the Head of Legal Services to liaise with senior clinical and nursing staff to obtain appropriate statements and use influence and persuasion to ensure reports are submitted within the deadlines set by the Coroner.
- Support the Head of Legal Services with checking of medical and nursing reports submitted to the Coroner and provide advice and guidance in relation to their content.
- Support the Head of Legal Services to manage all issues related to Inquests that involve patient deaths in Portsmouth Hospitals (see Trust Inquest Policy) including, in the absence of the Head of Legal Services and Deputy Head of Legal Services , representing the Trust at the inquest where necessary and reporting back any concerns raised for which action should be taken.
- In the absence of the Head of Legal Services, to liaise with patient families after Inquests to ensure they have the opportunity to ask questions and are able to seek advice if required. This could include advising families of the complaints procedure, including apologising on behalf of the Trust where appropriate.
Management and Organisational
- Act as the Trust point of contact with NHSR and be responsible for highlighting and implementing any changes introduced by that organisation or any changes in legislation relating to hospital claims and inquests.
- Maintain the Trusts claims database and records.
- To provide responsive, effective support for staff on general litigation/health law matters without resorting to solicitors whenever possible.
- To support the Head of Legal Services to ensure that areas for change highlighted by claims are communicated at the appropriate level within the Trust and that agreed change is implemented so as to minimise the risk of re-occurrence, this includes the management and coordination of any Regulation 28 reports.
- To represent the Legal Services Team on various internal committees.
Professional Development and Education
To support the Head of Legal Services to provide education and communication for Trust staff on litigation matters either on request or when changes are being proposed so that Trust staff have an appropriate level of understanding to meet their needs and encourage co-operation in the process.
Communication and Working Relationships
- To support the Head of Legal Services to advise the PALS and Complaints Teams on complaint responses, which are also Inquests or potential litigation claims by checking the response and providing advice and guidance where necessary.
- To support the Head of Legal Services to co-ordinate communications on cases involving more than one process (i.e SLE, inquests, complaints) to ensure a co-ordinated and consistent provision of information which is essential in managing these cases effectively.
- Maintain close working relationships with both the Risk Patient Experience Departments and senior clinical and nursing staff.
Job description
Job responsibilities
Claims Management
- Ensure that clinical negligence and employer/public liability claims are managed effectively and efficiently in a way that complies with civil procedure rules and the requirements of NHSR. This includes claimants in person as well as solicitor led claims
- Assist the Head of Legal Services to plan and manage all medico-legal claims ethically and cost effectively within the parameters required by NHSR and the Trusts Claims Handling Policy, ensuring that appropriate Trust forums and clinical staff involved in claims are kept informed of the progress of each case.
- Assist the Head of Legal Services to act as an expert in litigation matters on behalf of the Trust, liaising with NHSR in accordance with reporting guidelines.
- Identify potential resolutions to litigation claims on behalf of the Trust to seek to reduce the cost to the organisation.
- Authorise admissions of liability and settlements to be made by the NHSRon behalf of the Trust and state the Trusts view if an admission of liability and/or settlement is not agreed.
- Liaise with senior clinical and nursing staff to obtain appropriate statements and use influence and persuasion to ensure deadlines and reports are prepared to deadline for litigation claims.
- Check medical and nursing reports submitted in relation to litigation cases and provide advice and guidance in relation to their content.
- To prepare and advise staff who are required to attend Court in order to ensure that they are supported and appropriately advised on Court conduct and protocol.
- Be the point of contact for NHSR and Trust solicitors.
- Identify and communicate risks to Directors and other operational senior managers and to advise on necessary actions to be taken to ensure that lessons are learnt from the claims process.
- To attend Court and conferences with Counsel as the Trust representative for claims, in order to provide NHS Resolution (NHSR) with the Trust views on intended actions and to support and advise Trust staff who are appearing as witnesses.
Coroner/Inquest Liaison
As required by the Head of Legal Services.
- To support the Head of Legal Services in liaising between the Coroner and the Coroners Officers and Trust staff in order to ensure good and sympathetic working relationships and to ensure that the Trust is fully aware of, and can take appropriate action in relation to matters reported to the Coroner. To ensure that staff attending the coroners court are briefed and supported.
- Support the Head of Legal Services to liaise with senior clinical and nursing staff to obtain appropriate statements and use influence and persuasion to ensure reports are submitted within the deadlines set by the Coroner.
- Support the Head of Legal Services with checking of medical and nursing reports submitted to the Coroner and provide advice and guidance in relation to their content.
- Support the Head of Legal Services to manage all issues related to Inquests that involve patient deaths in Portsmouth Hospitals (see Trust Inquest Policy) including, in the absence of the Head of Legal Services and Deputy Head of Legal Services , representing the Trust at the inquest where necessary and reporting back any concerns raised for which action should be taken.
- In the absence of the Head of Legal Services, to liaise with patient families after Inquests to ensure they have the opportunity to ask questions and are able to seek advice if required. This could include advising families of the complaints procedure, including apologising on behalf of the Trust where appropriate.
Management and Organisational
- Act as the Trust point of contact with NHSR and be responsible for highlighting and implementing any changes introduced by that organisation or any changes in legislation relating to hospital claims and inquests.
- Maintain the Trusts claims database and records.
- To provide responsive, effective support for staff on general litigation/health law matters without resorting to solicitors whenever possible.
- To support the Head of Legal Services to ensure that areas for change highlighted by claims are communicated at the appropriate level within the Trust and that agreed change is implemented so as to minimise the risk of re-occurrence, this includes the management and coordination of any Regulation 28 reports.
- To represent the Legal Services Team on various internal committees.
Professional Development and Education
To support the Head of Legal Services to provide education and communication for Trust staff on litigation matters either on request or when changes are being proposed so that Trust staff have an appropriate level of understanding to meet their needs and encourage co-operation in the process.
Communication and Working Relationships
- To support the Head of Legal Services to advise the PALS and Complaints Teams on complaint responses, which are also Inquests or potential litigation claims by checking the response and providing advice and guidance where necessary.
- To support the Head of Legal Services to co-ordinate communications on cases involving more than one process (i.e SLE, inquests, complaints) to ensure a co-ordinated and consistent provision of information which is essential in managing these cases effectively.
- Maintain close working relationships with both the Risk Patient Experience Departments and senior clinical and nursing staff.
Person Specification
Experience
Essential
- Significant experience working within the medico legal field to ensure a thorough understanding of legislation, policies and procedures.
- A thorough understanding of the claims and inquest processes and procedures.
- Experience of working within the NHS.
Desirable
- Previous experience of managing staff.
Qualifications
Essential
- Educated to degree level or equivalent experience.
Skills & Knowledge
Essential
- Highly developed communication skills with the ability to communicate and influence at all levels internally and externally. This includes to board directors, senior medical staff, solicitors and NHSR representatives, and patients/patient families.
- High level technical claims management skills.
- Excellent investigation skills with high level powers of deduction and analysis.
- Excellent report and letter writing skills and proven ability to draft high quality reports and other documents.
- Highly developed decisions making skills.
- Ability to develop and maintain accurate record keeping systems and procedures.
- Good IT skills.
- Extensive knowledge of effective Risk Management and Claims Management processes, procedure and techniques.
- Good understanding of the National Health Service Resolution /Clinical Negligence Scheme for the Trusts/Risk Pooling Scheme for Trusts reporting requirements.
- Good knowledge of the NHS Complaints Procedure.
- Good knowledge of the Access to Health Records Act 1990, the Data Protection Act 1998, the Human Rights Act 1998, GDPR.
- Good knowledge of matters in relation to consent and confidentiality.
- Good understanding of matters in relation to the coroners court.
- Good understanding of Health and Safety Law.
- Good understanding of the links between claims/complaints/risk and clinical/corporate governance.
- Sound knowledge of various components of the NHS and the agencies with which it interacts.
- Excellent organisational, and analytical skills.
- Highly developed prioritisation skills with the ability to function within a pressured and deadline dependent department.
- High level influencing, negotiating and facilitating skills.
- Strong interpersonal skills.
- Strong influencing and persuasion skills.
- Effective communicator both orally and on paper.
- Skills in motivating.
- Skill in working with cross-functional teams.
- Well-developed influencing skills across hierarchies and disciplines.
- Good management skills.
- Ability to act and ensure delivery.
- Responsive and flexible attitude/approach.
Person Specification
Experience
Essential
- Significant experience working within the medico legal field to ensure a thorough understanding of legislation, policies and procedures.
- A thorough understanding of the claims and inquest processes and procedures.
- Experience of working within the NHS.
Desirable
- Previous experience of managing staff.
Qualifications
Essential
- Educated to degree level or equivalent experience.
Skills & Knowledge
Essential
- Highly developed communication skills with the ability to communicate and influence at all levels internally and externally. This includes to board directors, senior medical staff, solicitors and NHSR representatives, and patients/patient families.
- High level technical claims management skills.
- Excellent investigation skills with high level powers of deduction and analysis.
- Excellent report and letter writing skills and proven ability to draft high quality reports and other documents.
- Highly developed decisions making skills.
- Ability to develop and maintain accurate record keeping systems and procedures.
- Good IT skills.
- Extensive knowledge of effective Risk Management and Claims Management processes, procedure and techniques.
- Good understanding of the National Health Service Resolution /Clinical Negligence Scheme for the Trusts/Risk Pooling Scheme for Trusts reporting requirements.
- Good knowledge of the NHS Complaints Procedure.
- Good knowledge of the Access to Health Records Act 1990, the Data Protection Act 1998, the Human Rights Act 1998, GDPR.
- Good knowledge of matters in relation to consent and confidentiality.
- Good understanding of matters in relation to the coroners court.
- Good understanding of Health and Safety Law.
- Good understanding of the links between claims/complaints/risk and clinical/corporate governance.
- Sound knowledge of various components of the NHS and the agencies with which it interacts.
- Excellent organisational, and analytical skills.
- Highly developed prioritisation skills with the ability to function within a pressured and deadline dependent department.
- High level influencing, negotiating and facilitating skills.
- Strong interpersonal skills.
- Strong influencing and persuasion skills.
- Effective communicator both orally and on paper.
- Skills in motivating.
- Skill in working with cross-functional teams.
- Well-developed influencing skills across hierarchies and disciplines.
- Good management skills.
- Ability to act and ensure delivery.
- Responsive and flexible attitude/approach.
Additional information
Applications from job seekers who require current Skilled worker sponsorship to work in the UK are welcome and will be considered alongside all other applications. For further information visit the UK Visas and Immigration website (Opens in a new tab).
From 6 April 2017, skilled worker applicants, applying for entry clearance into the UK, have had to present a criminal record certificate from each country they have resided continuously or cumulatively for 12 months or more in the past 10 years. Adult dependants (over 18 years old) are also subject to this requirement. Guidance can be found here Criminal records checks for overseas applicants (Opens in a new tab).
