Job summary
An exciting opportunity has arisen for an experienced and enthusiastic healthcare lawyer to work alongside the Legal Services Director at the Sheffield Children's Hospital.
This is a fantastic opportunity for an experienced lawyer to handle a range of legal healthcare matters including clinical negligence, personal injury, inquests and general healthcare law. The post holder will be required to have knowledge of the Mental Capacity Act, Mental Health Act and Deprivation of Liberty Safeguards. Experience of Court of protection matters and/ or healthcare regulatory matters would be advantageous.
The post holder will be compassionate and accountable individual who treats all colleagues, patients and service users with respect and seeks to deliver excellence in their role. They will share Trust values and be committed to equality, diversity and inclusion.
They will need to be both reactive and proactive in handling and dealing with difficult situations and supporting staff involved in litigation. They will need to be able to work in an unpredictable and fast paced environment.
Main duties of the job
To provide the Trust and its Executive with expert legal and practical advice in the area of healthcare law requiring the highest level of analytical and judgement skills with the ability to clearly communicate highly contentious, highly complex and highly sensitive information in a demanding environment that is frequently emotive and patient focused.Investigating and handling clinical negligence, personal injury claims, employer and public liability claims in accordance with the Trusts Claims Handling Policy and Procedure.To represent and act as the Trust authority in formal legal proceedings and to provide an advocacy service in respect of litigation or contentious inquest cases, keeping the use and cost of any external legal service to a minimum.To manage a portfolio of contentious inquest cases providing expert legal advice and support to clinicians summoned to provide evidence.Plans and prepares for legal hearings which may involve a number of witnesses over a considerable period of time.Advising on the disclosure of personal information.Responding to enquiries about the cover provided by membership of the NHS indemnity schemes.To work autonomously by providing authoritative legal advice often on an urgent or emergency basis, including but not limited to healthcare regulatory law, consent, disclosure of highly sensitive confidential information, end of life decisions, capacity and confidentiality.
About us
Sheffield Children's is one of three independent, specialist paediatric hospitals in the country, providing dedicated healthcare for children and young people across community, mental health and acute specialist settings.
We have three overarching aims that set the direction for the Trust in our vision to create a healthier future for children and young people.
- Outstanding patient care
- Brilliant place to work
- Leader in children's health
Our commitment to rewarding colleagues is demonstrated through our brilliant reward and benefits offer including; generous annual leave entitlement and pension scheme and access to salary sacrifice schemes such as cycle to work and lease cars.
We are committed to supporting colleagues from different heritages and lifestyles while at work. This is supported through the offer we have in place for flexible working and the three equality network groups we have in place. Colleagues are encouraged to join these groups and request flexible working.
Job description
Job responsibilities
Please see attached job description and person specification
To provide expert legal advice on highly contentious, highly complex and frequently highly sensitive clinical issues that arise within the Trust. To provide expert legal advice to the Trust Executive and key service groups on compliance with regulatory and statutory obligations.To participate in and provide legal advice to Trust Working Groups and Committees. To provide general legal advice on commercial issues to protect the interests of the Trust and to minimise litigation risk. To generally protect the interests of the Trust and staff members against any potential issues of unlawful conduct, negligence or professional misconduct, or where the Trust may sustain reputational damage. Ensure the Trust respects the human rights of patients, adhering to the Mental Capacity Act, Mental Health Act and Deprivation of Liberty Safeguards. To monitor the instruction of external legal advice across all areas to ensure that only appropriate external legal advice is sought.To provide expert legal advice as to when an application to Court is required by the law. To identify and obtain all evidence required by the Trust to achieve the desired outcome. To construct legal arguments based on specialised knowledge of the law to support the Trusts position. To accurately prepare all formal Court documents required to achieve the desired outcome.To be responsible for all communications with Trust staff, patients and patients family or legal representatives, the Court and Counsel. To fully advise, prepare and support members of staff involved in legal proceedings.Coroners Inquests. To provide expert legal advice on contentious inquest cases. To comprehensively investigate all aspects of an inquest and to identify potential issues for the Trust. To fully advise, prepare and support members of staff who are required to report to the Coroner or attend Court as a witness. To provide advice on preparation and content of witness statements.To communicate directly with family members who may not be legally represented. To provide advocacy in the Coroners Court; to examine and cross examine witnesses, to make legal submissions to the Coroner and to make public representations on behalf of the Trust. To maintain good working relationships with the Coroner and Coroners Officers. Work closely with colleagues to highlight areas of risk identified in inquest investigations to ensure that lessons learned and processes are implemented within the Trust. To communicate to relevant staff and Senior Managers the outcome of an inquest and where appropriate to prepare any formal response to the Coroners recommendations.To provide expert legal advice on all aspects of negligence claims made against the Trust, with support from the Legal Services Team. To understand, analyse, interpret and communicate highly complex clinical and legal information in a clear and concise manner. To lead on investigations ensuring a comprehensive and co-ordinated approach to enable informed decision making.To devise and implement strategic action plans for defending claims. To pro-actively identify significant litigation risk and to take appropriate action to minimise the Trusts financial exposure. Identify and refer patient safety risks to the Risk Management Department for appropriate escalation and investigation. To manage communications with clinicians, Senior Managers and the Executive, NHS Resolution, panel solicitors, expert witnesses and Counsel throughout the investigation and litigation process. To advocate on behalf of the Trust where liability is to be denied. To communicate directly with claimants who are not legally represented.To act as the Trusts legal authority when making admissions or denials of liability, settlement offers and when signing official Court documents. Prepare detailed reports on liability and quantum to assess the Trusts current outstanding financial liabilities in respect of claims.To identify and research key developments in the law and to interpret the implications for the Trust. To effectively and efficiently communicate key legal updates to target groups. To consult with service groups to identify training needs and to develop and implement solutions. To supervise and provide advice and training to junior members of staff in the Department.Provides specialist training to NHS clinical & non-clinical staff on aspects of law e.g. on medical negligence, litigation claims, consent, healthcare regulatory law.Authorising access to legal advice and support. To keep a centralised diary confirming advice sought and copies of advice received. Review all legal bills prior to sign off and payment.
We offer encouragement and active support to applicants with additional needs, including those from ethnic minorities, with disabilities and members of the LGBTQ+ community. If you wish to adjust any aspect of the recruitment process or wish to find out more about our recruitment & selection processes, please get in touch with our Head of Resourcing: Catherine.gilbert7@nhs.net
We are currently reviewing our recruitment & selection process and are looking to make our job adverts more inclusive. This will support the long-term aim of Sheffield Childrens being a champion of Equality, Diversity and Inclusion. If you have any ideas in how we can make our recruitment & selection process more inclusive, please get in touch with Catherine Gilbertat Catherine.gilbert7@nhs.net
The Trust is committed to providing great quality patient care and keep children, young people and families at the heart of what we do by following our CARE values:
- Compassion leading by kindness and showing empathy, understanding and respect
- Accountability striving to do the right thing and owning responsibility
- Respect value differences, tackling inequality and fostering a culture of inclusion
- Excellence delivering a high-quality standard of care
Job description
Job responsibilities
Please see attached job description and person specification
To provide expert legal advice on highly contentious, highly complex and frequently highly sensitive clinical issues that arise within the Trust. To provide expert legal advice to the Trust Executive and key service groups on compliance with regulatory and statutory obligations.To participate in and provide legal advice to Trust Working Groups and Committees. To provide general legal advice on commercial issues to protect the interests of the Trust and to minimise litigation risk. To generally protect the interests of the Trust and staff members against any potential issues of unlawful conduct, negligence or professional misconduct, or where the Trust may sustain reputational damage. Ensure the Trust respects the human rights of patients, adhering to the Mental Capacity Act, Mental Health Act and Deprivation of Liberty Safeguards. To monitor the instruction of external legal advice across all areas to ensure that only appropriate external legal advice is sought.To provide expert legal advice as to when an application to Court is required by the law. To identify and obtain all evidence required by the Trust to achieve the desired outcome. To construct legal arguments based on specialised knowledge of the law to support the Trusts position. To accurately prepare all formal Court documents required to achieve the desired outcome.To be responsible for all communications with Trust staff, patients and patients family or legal representatives, the Court and Counsel. To fully advise, prepare and support members of staff involved in legal proceedings.Coroners Inquests. To provide expert legal advice on contentious inquest cases. To comprehensively investigate all aspects of an inquest and to identify potential issues for the Trust. To fully advise, prepare and support members of staff who are required to report to the Coroner or attend Court as a witness. To provide advice on preparation and content of witness statements.To communicate directly with family members who may not be legally represented. To provide advocacy in the Coroners Court; to examine and cross examine witnesses, to make legal submissions to the Coroner and to make public representations on behalf of the Trust. To maintain good working relationships with the Coroner and Coroners Officers. Work closely with colleagues to highlight areas of risk identified in inquest investigations to ensure that lessons learned and processes are implemented within the Trust. To communicate to relevant staff and Senior Managers the outcome of an inquest and where appropriate to prepare any formal response to the Coroners recommendations.To provide expert legal advice on all aspects of negligence claims made against the Trust, with support from the Legal Services Team. To understand, analyse, interpret and communicate highly complex clinical and legal information in a clear and concise manner. To lead on investigations ensuring a comprehensive and co-ordinated approach to enable informed decision making.To devise and implement strategic action plans for defending claims. To pro-actively identify significant litigation risk and to take appropriate action to minimise the Trusts financial exposure. Identify and refer patient safety risks to the Risk Management Department for appropriate escalation and investigation. To manage communications with clinicians, Senior Managers and the Executive, NHS Resolution, panel solicitors, expert witnesses and Counsel throughout the investigation and litigation process. To advocate on behalf of the Trust where liability is to be denied. To communicate directly with claimants who are not legally represented.To act as the Trusts legal authority when making admissions or denials of liability, settlement offers and when signing official Court documents. Prepare detailed reports on liability and quantum to assess the Trusts current outstanding financial liabilities in respect of claims.To identify and research key developments in the law and to interpret the implications for the Trust. To effectively and efficiently communicate key legal updates to target groups. To consult with service groups to identify training needs and to develop and implement solutions. To supervise and provide advice and training to junior members of staff in the Department.Provides specialist training to NHS clinical & non-clinical staff on aspects of law e.g. on medical negligence, litigation claims, consent, healthcare regulatory law.Authorising access to legal advice and support. To keep a centralised diary confirming advice sought and copies of advice received. Review all legal bills prior to sign off and payment.
We offer encouragement and active support to applicants with additional needs, including those from ethnic minorities, with disabilities and members of the LGBTQ+ community. If you wish to adjust any aspect of the recruitment process or wish to find out more about our recruitment & selection processes, please get in touch with our Head of Resourcing: Catherine.gilbert7@nhs.net
We are currently reviewing our recruitment & selection process and are looking to make our job adverts more inclusive. This will support the long-term aim of Sheffield Childrens being a champion of Equality, Diversity and Inclusion. If you have any ideas in how we can make our recruitment & selection process more inclusive, please get in touch with Catherine Gilbertat Catherine.gilbert7@nhs.net
The Trust is committed to providing great quality patient care and keep children, young people and families at the heart of what we do by following our CARE values:
- Compassion leading by kindness and showing empathy, understanding and respect
- Accountability striving to do the right thing and owning responsibility
- Respect value differences, tackling inequality and fostering a culture of inclusion
- Excellence delivering a high-quality standard of care
Person Specification
Qualifications and Training
Essential
- Qualification and experience
- Additional knowledge and experience of NHS specific provisions, structures and social care policies.
Desirable
- Previous significant NHS experience at management level.
Experience
Essential
- Current and demonstrable evidence of investigating a large caseload of clinical negligence/ personal injury and/ or public liability claims.
- Experience of providing legal advice in complex healthcare matters.
- Managing a dedicated caseload
- Current and demonstrable evidence of supporting NHS staff called to give evidence at a Coroner's Inquest.
- Experience in allocating and supervising the work of another colleague.
Desirable
- Significant experience in healthcare regulatory including Court of Protection Matters.
Knowledge and Skills
Essential
- Knowledge of how risk management can be applied to the handling of liability claims, inquests and healthcare regulatory work.
- Demonstrable knowledge of legislation across the areas of responsibility.
- Good understanding of NHS and its operation.
- Understanding of claims, and risk management and their application in the healthcare sector.
- Understanding of Clinical Governance
- Communicates highly contentious sensitive information in order to provide a legal advisory service
- Takes evidence from witnesses & presents evidence and submissions in court.
- Advanced report writing skills
- Ability to work within a multi-professional team and to develop team working
- Presentation skills
- Ability to deliver education and training
- Highly motivated with excellent negotiation and persuasion skills and an ability to develop and maintain constructive relationships with all professional disciplines
- Ability to analyse complex clinical issues/problems, identify necessary action and make recommendations and follow these through
- Pro-active approach to problem solving with a proven ability in the formation and drafting of policy/strategy within national guidelines
- Judgements in relation to legal practise and highly complex medical negligence, litigation claims and inquests, negotiating and advising on the settlement of claims
Desirable
- Significant experience of NHS systems and practices
Personal Attributes
Essential
- Awareness for the need of confidentiality
- Excellent motivational and interpersonal skills
- Ability to work to deadlines whilst maintaining high standards
- Ability to organise and prioritise work using own initiative
- Ability to concentrate for long periods to complete complex work
- Demonstrable leadership skills
- Articulate
- Flexible approach to working hours and practices
Person Specification
Qualifications and Training
Essential
- Qualification and experience
- Additional knowledge and experience of NHS specific provisions, structures and social care policies.
Desirable
- Previous significant NHS experience at management level.
Experience
Essential
- Current and demonstrable evidence of investigating a large caseload of clinical negligence/ personal injury and/ or public liability claims.
- Experience of providing legal advice in complex healthcare matters.
- Managing a dedicated caseload
- Current and demonstrable evidence of supporting NHS staff called to give evidence at a Coroner's Inquest.
- Experience in allocating and supervising the work of another colleague.
Desirable
- Significant experience in healthcare regulatory including Court of Protection Matters.
Knowledge and Skills
Essential
- Knowledge of how risk management can be applied to the handling of liability claims, inquests and healthcare regulatory work.
- Demonstrable knowledge of legislation across the areas of responsibility.
- Good understanding of NHS and its operation.
- Understanding of claims, and risk management and their application in the healthcare sector.
- Understanding of Clinical Governance
- Communicates highly contentious sensitive information in order to provide a legal advisory service
- Takes evidence from witnesses & presents evidence and submissions in court.
- Advanced report writing skills
- Ability to work within a multi-professional team and to develop team working
- Presentation skills
- Ability to deliver education and training
- Highly motivated with excellent negotiation and persuasion skills and an ability to develop and maintain constructive relationships with all professional disciplines
- Ability to analyse complex clinical issues/problems, identify necessary action and make recommendations and follow these through
- Pro-active approach to problem solving with a proven ability in the formation and drafting of policy/strategy within national guidelines
- Judgements in relation to legal practise and highly complex medical negligence, litigation claims and inquests, negotiating and advising on the settlement of claims
Desirable
- Significant experience of NHS systems and practices
Personal Attributes
Essential
- Awareness for the need of confidentiality
- Excellent motivational and interpersonal skills
- Ability to work to deadlines whilst maintaining high standards
- Ability to organise and prioritise work using own initiative
- Ability to concentrate for long periods to complete complex work
- Demonstrable leadership skills
- Articulate
- Flexible approach to working hours and practices
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.
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).
Additional information
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.
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).
