Job responsibilities
1. JOB SUMMARYThe post holder provides and manages a dedicated legal service across both hospital sites, managing a workload of Inquest and clinical and non-clinical claims. They will work closely with instructed solicitors/ barristers and NHS Resolution; liaison with the HM Coroners and their officers in the management of inquests; dealing with the more complex police enquiries; providing support and legal advice to staff; assisting in the drafting of documents for legal purposes; responding to other general and legal enquires; and providing regular information to the relevant meetings and Executive team.The post holder is required to attend court and tribunals on behalf of the Trust and will manage the legal team.The post holder will ensure that learning from inquests, claims and other relevant processes is shared Trust wide, working closely with colleagues in the quality governance team to triangulate information. They are required to manage the Trusts medico legal budget.The post holder will also support the wider activities of the Quality and Safety Governance Department in particular in the quality agenda, will work closely with clinical and corporate services, and provide training in relation to inquests and other legal processes.2. LITIGATION AND MEDICO LEGAL WORK To ensure that claims against the Trust are properly investigated and reports prepared for the NHS Resolution, in accordance with the NHS Resolutions Clinical negligence Scheme and Risk pooling scheme for Trusts, current legislation and best practice.
To ensure the maintenance of records and databases of all material associated with a claim including expert reports, pleadings, written statements, medical records, schedule of special damages, councils opinion etc. and any other relevant documents.
To develop and maintain proper systems for obtaining statements to help thoroughly assess and evaluate claims, being sure to always reflect the Trusts position in the light of the NHS Resolutions proposed stance on liability and potential settlements claim.
Apprise clinical directors, and other operational and nursing leads of all new claims affecting their area of responsibility and of the outcome of such claims enabling potential remedial action not already undertaken, to be reviewed.
To ensure all staff are supported, properly briefed, and prepared for attendance in court.
Attend conferences with Counsel, solicitors, experts, clinicians and other staff on behalf of the Trust and take action where appropriate. Able to instruct counsel where appropriate.
To identify the potential for any adverse publicity and liaise with the Executive team, Head of Communications and other senior colleagues, to ensure that the media statements are prepared where necessary.
To be responsible for an ongoing review of claims files to ensure that the actions required of the Trust are undertaken in a timely manner.
To represent the Trust at meetings and hearings in relation to claims if required
Liaising closely with and advising staff managing the Trusts complaints and risk management departments, in particular where there are potential wider legal and clinical or corporate governance issues.
Draft and review relevant policies and procedures ensuring they are fully compliant with NHS Resolution risk management standards, changes in the law, and other best practice guidance.
Ensure that learning is derived from claims and shared throughout the Trust.
To provide legal expertise and leadership in relation to national Public Inquiries.
3. CORONERS INQUESTS To be Trusts expert in the management of inquests, supporting witnesses in the drafting of statements and ensuring other documents that may assist the coroner are provided. To sign off documentation sent to the HM Coroner, and ensure that appropriate documents are sent in a timely manner.
Prepare staff involved in the inquest, and identify any issues that may affect the reputation of the Trust.
Arrange and chair pre inquest meetings with staff called as witnesses, ensuring they understand whats expected of them, and that they are supported throughout the process.
Attend inquests, advocating on behalf of the Trust and its staff as required.
To instruct solicitors and barristers when required, ensuring they are given very clear and concise instructions.
Manage financial activity for record storage, photocopying, transportation of records to the coroners office and other departmental functions.
To identify issues which may affect the Trusts reputation, and continue to review such issues as they arise during the course of an inquest, working closely with the head of communications and other senior colleagues.
Where required to work with the patient safety investigations team in review of serious incident reports in context of litigation claims and to support areas for further clarification or investigation
To ensure learning from inquests is fed back to the relevant services and shared throughout the Trust.
Coordinate the investigation and response to all reports from Coroners written pursuit to Regulation 28.4. OTHER DUTIES Responsibility for the day to day management of a cross site legal department and associated staff. This requires a visible presence on both sites and will include staff development, sickness and performance monitoring and the recruitment of staff as well as ensuring good value for money and appropriate utilisation of budget.
Ensure that all members of the team are managed effectively in order to reach their maximum potential; that they have annual appraisals and a personal development plan and are compliant with Trust mandatory training
Take responsibility for continuing self-development and maintaining skills and knowledge
Support the delivery of a fair blame learning culture by encouraging managers and professionals to identify system failures which contribute to incidents and from which improvements can be derived. To provide regular reports on legal activity within the Trust to relevant committees highlighting trends and other issues of note. Provide bespoke reports to the Executive team and others as required regarding issues which may need wider review and action in light of risk management implications, potential costs, and to ensure financial provisions are in place.
To analyse data to identify trends and lessons arising from claims and inquests, and work with operational managers, clinical directors and heads of nursing to ensure effective actions is taken so that claims expenditure is minimized. Support the use of data related to Getting It Right First Time (GIRFT) for legal activity.
Provide training for clinical and non-clinical staff and disseminating any learning from claims, inquests and any other relevant cases e.g. child protection, Mental Capacity Act
To ensure confidentiality at all times, only releasing confidential information obtained during the course of employment to those acting in an official capacity in accordance with the provisions of the data protection.
To undertake such duties as may be required from time to time as are consistent with the responsibilities of the grade and the needs of the service.
Ensure that staff that are required to provide expert advice or are called as witnesses are appropriately supported, which may require liaising with external agencies such as Courts, Local Authority and solicitors.
Cover the responsibilities of other service leads for specified periods as required
Responsible for budget management and authorised signatory for legal invoices.
Ensure maintenance of records of activity and ensure Datix and other legal records are up to date.
Responsible for contributing and implementing organisational policies particularly the development of policies and procedures in relation to the management of claims, inquests and other judicial processes.
Maintain up to date knowledge of relevant aspects of the management of claims and coroners inquests specifically national standards and compliance requirements, and changes brought about by the judicial precedent.
Maintain knowledge of changes to the national system of healthcare and the associated impact on the claims and inquests processes.
To work closely with staff in other teams within the Quality and Governance team and across the Trust.
Professionally responsible for own workload and works autonomously under own initiative to plan workload in accordance with the demands of the job.5. GENERAL:To comply at all times with any regulations issued by the Trust, especially those governing Health and Safety at work and to ensure that any defects which may affect safety at work are brought to the attention of the appropriate manager.It is the responsibility of all staff to minimise the Trust's environmental impact by recycling wherever possible, switching off lights, computers, monitors and equipment when not in use, minimising water usage and reporting faults promptly.This job description reflects the present requirements and objectives of the post. As the duties of the post change and develop, the job description will be reviewed and will be subject to amendment, in consultation with the post holder.You are required to disclose any additional work you undertake or are planning to undertake for another employer.
