Today (7 May 2021) marks the publication of Learning from Litigation Claims, a joint report prepared by Getting It Right First Time (GIRFT) and NHS Resolution, looking at how claims data can be used effectively to prevent future claims. A joint statement has also been released to go with the report.

With the cost of clinical negligence placing an ever-increasing burden on the NHS—the annual cost of harm amounting to £8.3 billion in 2019/20 almost 2% of the NHS budget—the report highlights how, in the post-COVID world when even greater pressure will be placed on the NHS, it is more important than ever to learn from claims. GIRFT litigation work stream has collaborated with NHS Resolution to engage with NHS trusts and share data regarding their own claims on a speciality specific basis in bespoke data packs.

This report, which Capsticks partner Majid Hassan was a contributor to, details how trusts can:

• engage clinical staff in claims analysis
• ensure that there is effective claims handling to capture key data
• utilise the experience of NHS Resolution claims handlers and the dedicated Safety & Learning team
• access GIRFT resources and use the data packs to produce a five point action plan
• work with panel solicitors to help implement learning from claims

Traditionally claims are seen as representing the “tip of the iceberg” in terms of the number of incidents compared to complaints, events not causing harm or near misses. Nevertheless with the forensic analysis that is undertaken, the expert opinions obtained and themes that can be seen in large data sets at a national and local level, claims data used by GIRFT and NHS Resolution is an invaluable source of learning to help prevent future harm and claims.

How Capsticks can help

Capsticks has a long and proud history of working in partnership with our clients and the wider NHS to help implement learning from the claims we handle including:

• running a national diploma in claims handling and clinical risk management
• reviewing NHS Resolution scorecards and GIRFT data packs, and helping to prepare the required action plans
• tailored training presentations on risk and claims for junior staff up to board level governance analysis
• national and local forums for trust claims teams to share information and facilitate discussion
• A claims handling service providing NHS organisations with a secure, professional and cost effective way of dealing with claims and managing data to facilitate learning from claims.

We would be happy to discuss any of these initiatives further with you. For more information please contact Majid Hassan, Philip Hatherall, Catherine Bennett or Gerard Aston.