Legal Services Manager

Job responsibilities

Main Duties and Responsibilities

Give advice on topics relating to inquests and claims, supporting staff on their duties and requirements for statements and attendance at Court.

Attend case conferences/mediation, Court/Inquest hearings, round table meetings and mediations on behalf of the Trust with the support of Counsel and with senior management representatives where necessary.

In association with the Head of Governance consider the need and instruct where required external legal representation and instruct external counsel as and when necessary.

To manage and co-ordinate a caseload of highly complex litigation claims, clinical negligence and employer/public liability cases in accordance with CPR and relevant pre-action protocols.

Provide all appropriate support and liaison with clinical and operational colleagues who are relevant witnesses or persons able to assist with potential or actual litigation, in conjunction with external Trust solicitors when necessary.

To develop and deliver coroner and claims management training packages to a variety of staff groups at different levels in conjunction with colleagues from other specialties as appropriate.

Using initiative to identify ways of improving departmental processes, policies and systems to enhance the smooth running of the Claims Team, including for where necessary trust wide.

To manage the Claims Team in ensuring procedures are introduced throughout the Trust in line with the Clinical Negligence Scheme for Trusts (CNST).

To prepare reports for Divisions as and when required analysing claims and inquest data and presenting this at divisional or other meetings.

Liaising closely with the Bereavement Office/Medical Examiner Officers (internal) and Coroners office to facilitate full engagement with the Coronial process including obtaining relevant reports and witness statements, identifying relevant clinicians through review of relevant medical records.

Lead on interpreting and complying relevant legislation, Coronial Rules and Practice Directions. Reviewing all relevant reports and witness evidence and escalating as necessary. Ensuring legal team works consistently in the management of the same.

To liaise with the Patient Safety and Governance departments and appropriate divisional colleagues to ensure remedial actions are properly identified, implemented and monitored.

Where required ensure that notes are taken to record items of discussions at key meetings.

Analyse and interpret local, regional and national claims and inquest data and ensure learning is disseminated across the Trust, working with the Compliance Team to develop trust wide actions.

Audit claims and inquest data ensuring results are presented trust wide for learning.

Inquests

Lead and ensure the smooth organisation of highly complex inquests involving all relevant Trust departments including risk, patient services and communications. Considering and facilitating the instruction of external legal advice/representation.

To monitor HM Coroners cases (specifically following receipt of a Regulation 28 Report) and claims, to identify and act on risk issues arising from their investigation.

Provide in-house support and guidance for Trust staff attending inquests, including regular review of all on-going inquest matters and appropriate escalation and management.

To assist with the formulation and revision of policies and procedures that are trust wide and ensure implementation and adherence to the same.

To liaise with the PALS/complaints team on complex or contentious complaints cases as necessary where there is the potential for subsequent litigation or where a legal opinion is required ensuring the interpretation of legalese is disseminated appropriately.

To assist in the monitoring of incidents and claims to identify and act on Trust-wide risk issues arising from their investigation and proceedings with a focus on identifying aspects of learning and patient safety improvement.

Responsible, with the Claims Manager, for the development and training of team colleagues.

Provide day to day supervision for the Team as required to assist with the smooth running of the department.

Claims

To lead the Claims Team in ensuring that, on a day-to-day basis, claims are managed by the team in accordance with the Trusts relevant policies and procedures and issues of high complexity or concern are appropriately escalated.

Ensuring that new claims provide sufficient information relating to allegations of negligence in accordance with relevant Pre-Action Protocols and internal policies as applicable. Liaising with Claimant solicitors as necessary to elicit necessary information and ensuring appropriate provision of patient information.

To provide advice and direction to clinical and operational management staff on appropriate approaches and strategies for claims. This includes the management of contentious cases which is focused on achieving resolution.

To undertake preliminary analysis of medical records and produce a synopsis of claimant care which should identify relevant clinicians and litigation risk and if required utilise subject matter experts including those identified by NHSR/Panel solicitors.

Responsible for initial assessment of claims including if required for approximate value, percentage of liability and subsequently ensuring all claims deemed reportable under CNST Reporting Guidelines are reported expeditiously to NHSR.

Responsible for ensuring that all claims where complex and high complex issues arise are identified by the team and are appropriately resolved escalating to the Head of Governance for advice and direction if needed.

Responsible for the management of the Claims element of the Datix system.

Key Competencies/Personal Qualities and Attributes

Essential

• Passionate and committed to bring our Dedicated to Excellence values to life, improving the way we work with each other, particularly focusing on empowerment, equality diversity and inclusion of our staff, patients and service users
• Ability to use own initiative
• Able to establish and maintain good working relationships at all levels
• Word process and data input for a substantial proportion of working time
• Able to work under pressure
• Well organised
• Typing and reading letters of a sensitive and confidential nature

Skills

Essential

• Experience of managing staff
• Able to analyse data and produce reports
• Developed attention to detail and accuracy
• Critical appraisal of wide-ranging documents to facilitate assessment of risk and to ensure appropriate & sensitive communication/management of claims/inquests
• Organisational skills and the ability to work methodically and prioritise
• Ability to manage, prioritise and deliver a number of projects and work programmes within timescales
• Ability to cope under pressure and meet deadlines
• Ability to help build effective working relationships at all levels with and outside the hospital
• Ability to communicate appropriately with all levels of staff
• Ability to analyse and interpret complex and highly complex cases/legislation and prepare briefing notes, identifying implications and pertinent points.
• Ability to interview, identify key issues and collect formal statements from staff ensuring that they are both accurate and complete
• Standard keyboard skills and VDU use
• Able to communicate (written and verbal) with and present own views on cases to senior clinical and other staff within the trust and externally with members of the legal profession, the NHSR and the Coroner's office.
• Able to maintain confidentiality at all times
• Strong problem-solving ability and capacity to recognise alternative solutions where necessary

Desirable

• Experience of working with risk management systems e.g. Datix

Knowledge & Experience

Essential

• Previous legal services experience including attendance at inquests or court
• Experience of managing a large caseload of legal matters
• Understanding of legal processes
• Knowledge of claims and inquest processes
• Excellent written and verbal communication skills
• Experience of delivering training
• Knowledge of risk management and patient safety in a healthcare environment
• Courteous, tactful and professional telephone manner
• Proficient in Microsoft packages
• Experience of working in a busy office environment
• Planning and organisational skills to plan straightforward tasks e.g. arranging meetings, manage diaries

Desirable

• Experience of working in the NHS
• Experience of working in a legal environment
• Experience in working with Patient Administration Systems

Education, Training & Qualifications

Essential

• Educated to degree standard with appropriate post graduate level courses or substantial experience at a comparable level
• Legal Qualification
• Evidence of further study, education, training or experience to Masters level or equivalent

Desirable

• Clinical Qualification

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.

Certificate of Sponsorship

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).