Claims Lawyer/Senior Claims Manager

Job description

Job responsibilities

The post holder will act as an in house expert in the primary assessment of the Trusts liability for clinical negligence claims in terms of breach of duty, causation and estimation of quantum, knowing when to draw upon specific expertise from specialty based senior clinicians. The post holder is expected to manage clinical negligence claims autonomously, liaising with the NHSR and panel solicitors when required and in accordance with NHSR scheme rules.

Key Result Areas & Performance:

The Claims Lawyer/Senior Claims Manager will be required to undertake the following duties:

Claims Handling:

• Manage a portfolio of complex claims: providing specialist advice and support to clinicians on liability and quantum to further the aim of defending such claims against the Advocating the position of the Trust as the Defendant where there may be opposing views with external stakeholders.
• Providing regular supervision to ensure that claims are managed in line with the Trusts Standard Operating Procedures on claims management, the NHS Resolution scheme rules are adhered to and court deadlines are
• Maintain regular contact with the NHSR claims handlers during the life of all claims reported to them, or with solicitors appointed by the NHSR on behalf of the Trust.
• Inform staff during the life of the claim of significant events or decisions made, including informing them at the conclusion of a claim.

• Arrange meetings as necessary between Trust staff and Trust external legal advisers and insurance assessors, supporting staff as necessary in preparation for, during and following such meetings
• Draft letters of apology when appropriate and advise and liaise with the Chief Executive or their deputy to ensure these are dispatched in a timely fashion
• Advise Heads of Department / Divisions / Executive Directors and guide decision making on liability. Either deny liability or negotiate settlement with the claimant, or their legal representative as appropriate, maintaining effective and appropriate records

• Advise and support staff who have been called to attend any legal hearing connected with claims and attend court and trial to support them and to be able to feedback to the Trust where necessary.
• Support managers in debriefing, and personally provide support for staff before, during and following such legal processes.
• Maintain the litigation database and produce regular management reports to the Divisions and Specialties as required
• Be alert to, and identify any trends or safety issues raised by claims (involving types of events or individual members of staff) and ensure relevant senior Trust managers are informed appropriately
• Provide training to staff in aspects of the claims themes, learning from claims and the law relating to professional negligence
• Maintain own knowledge of relevant law and claims management procedures, through reading and attending relevant study days.

Person Specification

Experience

Essential

• Thorough understanding of litigation investigation and risk mitigation in the context of clinical governance in the NHS
• Understanding of and commitment to using comparative and trend information to stimulate quality improvement.
• Experience of supervising junior members of staff

Desirable

• Clinical background
• Experience of working in an NHS setting

Knowledge & Skills

Essential

• Excellent English spelling and grammar including the ability to be clear and concise in written English (eg: drafting formal letters and reports), and excellent attention to detail.
• Advanced computer skills in word processing and spreadsheets, experience of using databases.
• Excellent skills in analysing data, identifying trends and compiling reports, communicating these to relevant individuals within the Trust.
• Demonstrable ability to assess and make effective decisions under pressure in complex situations.
• Ability to take decisions with sound judgment about reporting / escalating significant issues to seniors.
• Demonstrable leadership and communication skills with proven record of managing and working as part of a team.
• Demonstrable evidence of project management experience and delivery of objectives
• Ability to work independently and to meet deadlines.
• Ability to prioritise and manage time effectively and efficiently

Disclosure and Barring Service Check

This post is subject to the Rehabilitation of Offenders Act (Exceptions Order) 1975 and as such it will be necessary for a submission for Disclosure to be made to the Disclosure and Barring Service (formerly known as CRB) to check for any previous criminal convictions.

Certificate of Sponsorship

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).

UK Registration

Applicants must have current UK professional registration. For further information please see NHS Careers website (opens in a new window).

Employer details

Employer name

Lewisham and Greenwich NHS Trust

Address

University Hospital Lewisham

Lewisham High Street

London

SE13 6LH

Employer's website

https://www.lewishamandgreenwich.nhs.uk/ (Opens in a new tab)