Clinical negligence defence

As a CNST and CNSGP panel firm, Capsticks acts for NHS Resolution and its trust and general practice members in connection with claims from all medical specialities with values ranging from five to eight figure sums. Our approach to claims is focused on early identification of risk and a clear strategy to resolution or trial.

We have considerable experience of mediation to resolve appropriate matters confidentially, in a timely and cost-effective manner and supportive environment, to the benefit of both parties.  We also represent GPs and other clinicians in the private sector on behalf of the MDDUS in connection with clinical negligence claims as well as assisting their members with inquests and GMC fitness to practice investigations.

We represent our clients in connection with clinical negligence claims as well as pre and post-litigation matters such as complaints handling, serious incidents investigations and managing risk and reputational issues. Our approach to claims is focused on early identification of risk and a clear strategy to resolution or trial.

Our teams include previous NHS complaints managers, whose experience is invaluable in assisting our clients to strategically manage their complaints process. We work with all our clients to learn lessons from complaints to reduce the potential for future harm and the risk of a claim. Our complaints advisory service can reduce the workload of staff and ensure a consistent response to complaints within required timescales.  This service has achieved a significant reduction in management time and has minimised the potential for badly-handled minor complaints to escalate into serious causes of dissatisfaction.

We work with clients to learn from their clinical incidents, enhance patient safety and reduce the risk of future harm. This encompasses both internal and external reviews of clinical incidents.

We have in-depth experience of NHS England’s Serious Incident Framework and have assisted clients undertaking Level 2 and 3 investigations, including provision of the Lead Investigator for a Level 2 Investigation into a patient death. We have been supporting clients in connection with the introduction of the new NHS Patient Safety Strategy.

Our risk management service provides advice on managing clinical risk from the time a complaint is made and provides support during any serious incident investigation through to the conclusion of a claim. We firmly believe that triangulating data from these three key areas of clinical risk is central to learning from adverse outcomes to prevent future harm.

Our Diploma in Clinical Risk and Claims Management is widely regarded as definitive training for clinical risk and claims managers. The course has been running for over 20 years and is the only one of its kind in the UK.

Capsticks’ Claims Handling Service is an innovative outsourcing model for clinical and non-clinical claims handling, which Ged Aston (Partner) has developed and marketed.  The service is used by a growing number of NHS trusts. It can be tailored to provide a permanent fully outsourced service or to provide temporary cover (for example maternity or sick leave). The Claims Handling Service was a finalist for ‘Legal Services Provider of the Year’ at the HSJ Partnership Awards 2019.