Litigation
Recommendations related to litigation
6
Recommendations
100% accepted
Government Response
Accepted (5)Accepted in Part (1)
Recommendations in This Theme
recommendation across 2 inquiries
Across 2 inquiries
Tagged Recommendations
6 total
IHRD-36
Accepted
Hyponatraemia Inquiry
Separation of Investigation and Litigation
Trust employees who investigate and accident should not be involved with related Trust preparation for inquest or litigation.
- The Department of Health NI reported that SAI investigation training for panel members had been developed and delivered (IHRD Implementation Programme, Department of Health …
HSC Trusts
IHRD-94
Accepted in Part
Hyponatraemia Inquiry
Clinical Negligence Litigation Reform
The interests of patient safety must prevail over the interests engaged in clinical negligence litigation. Such litigation can become an obstacle to openness. A government committee should examine whether clinical …
- The Department of Health NI stated in March 2018 that this was under consideration (IHRD Implementation Programme, Department of Health NI, March 2018). - …
Northern Ireland Executi…
IHRD-96
Accepted
Hyponatraemia Inquiry
Healthcare Litigation Standards
The Department should provide clear standards to govern the management of healthcare litigation by Trusts and the work of Trust employees and legal advisors in this connection should be audited.
- The Department of Health NI reported that standards for Trust engagement with clinical negligence litigation processes had been reviewed (IHRD Implementation Programme, Department of …
Department of Health NI
F110
Accepted
Mid Staffs Inquiry
Lowering barriers
Actual or intended litigation should not be a barrier to the processing or investigation of a complaint at any level. It may be prudent for parties in actual or potential …
- The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 do not prohibit parallel litigation and complaint investigations (The Local Authority …
Healthcare providers
F94
Accepted
Mid Staffs Inquiry
Evidence-based assessment
As some form of running record of the evidence reviewed must be retained on each claim in order for these reports to be produced, the NHS Litigation Authority should consider …
- The Department of Health and Social Care stated in April 2025 that a best practice guide was published in 2021 to assist trusts in …
F95
Accepted
Mid Staffs Inquiry
Information sharing
As the interests of patient safety should prevail over the narrow litigation interest under which confidentiality or even privilege might be claimed over risk reports, consideration should also be given …
- The Department of Health and Social Care stated in April 2025 that NHS Resolution shares relevant information with the Care Quality Commission as part …