Speedy Resolution Scheme in Wales
Hugh James was a member of a Party established by the Welsh Assembly Government in March 2003 to help set up the Speedy Resolution Scheme thus changing the face of clinical negligence claims in
The purpose of the Scheme is to provide a procedure for the quick, proportionate and fair resolution of certain low value claims for clinical negligence against Welsh NHS Trusts. Ideally claims under the Speedy Resolution Scheme will be concluded within 60 weeks.
The Scheme also encourages, where appropriate, Welsh NHS Trust to provide apologies to claimants if it transpires that the medical treatment that they have received fell below the required standard. Additionally it is recognised that even in cases where treatment has not been substandard, and no admission of liability or settlement is forthcoming under the Scheme, patients may be dissatisfied with treatment outcomes and might welcome an explanation for their current medical state. Welsh NHS Trust should endeavour to provide such explanations in both successful and unsuccessful cases where this is possible.
Often following the financial settlement of a clinical negligence case, a patient very often has no further information about the action a Trust will take as a result of his or her claim. Many Welsh NHS Trusts already produce action plans following successful claims as part of their internal risk management policies. The Scheme aims to encourage the use of action plans as a means of learning from mistakes and reducing the number of claims. The action plans are also an important means of informing patients of any changes and improvements to procedures that have been identified as a result of their cases.
The Rules
Eligibility Criteria
The scheme is designed to deal with straightforward clinical negligence claims. In order to qualify as a "straightforward claim" under the rules the Claim must:
- Involve medical issues that are capable of resolution by a maximum of 2 medical experts from different medical specialisims; and
- Involve a single Defendant; and
- Not involve any issue as to Limitation
The Scheme will not be available in respect of claims for Clinical Negligence against GP’s, opticians, pharmacists, dentists or clinicians acting in the course of their private practice.
The Scheme shall not be available to Claimants who are under the age of 18 or are patients within the meaning of Section 94 (2) or Section 145 (1) the Mental Health Act 1983. The main reason for this is due to the need to obtain court approval for settlements in such cases.
In order to be admitted into the Scheme the participants to the Scheme will need to agree in writing that the value of the claim is not less than £5000.00 and no more than £15,000.00, exclusive of any interest or costs.
It is important to note that the rules however, allow that if following investigation it transpires that a claim already admitted into the Scheme is worth less than the minimum or more than the maximum amount stated, it can continue to be dealt with under the Scheme if it is agreed in writing between the participants.
Public Funding
Public funding is available for cases that satisfy the usual financial eligibility criteria for a Public Funding certificate. The scope of the certificates will be limited to participation in the Speedy Resolution Scheme and the rate paid will be the Legal Help rather than Investigative Help rates.
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