Job summary
To provide an in-house specialist legal service and to represent the Trust in the management of claims for compensation made against the Trust including clinical negligence, employer's liability, public liability and small claims.
Act as the key link on behalf of the Trust with NHS Resolution (NHSR) and be the responsible decision-maker in all matters related to clinical negligence and non-clinical injury claims.
To initiate claims for compensation on behalf of the Trust for damages to property and/or equipment
Assist HM Coroners in the discharge of their duties in matters as they affect the Trust, supporting and advising staff in writing reports and statements and attending Inquests on behalf of the Trust as required.
- To undertake the management of the Trust's NHSR Schemes and commercial insurance policies.
- To centrally manage access to health records, and Freedom of Information (FOI) requests under the Data Protection Act 2018 and the Freedom of Information Act 2000.
- Act as Line Manager for the Legal Services Support Officers responsible for the administration of Freedom of Information requests, Access to Health Records and Legal Support services in interpreter bookings.
- To provide legal advice and guidance to health professionals, senior managers and the Board as required.
- To provide ad hoc medico - legal and other legal guidance to staff out of hours by telephone and initiate emergency legal proceedings if necessary.
Main duties of the job
Undertake and deliver verbal or written medico-legal analysis of clinical claims and serious incidents based on an in-depth understanding of law, clinical practice and professional duties and responsibilities.
- Manage all claims in conjunction with the NHSR's Scheme Rules, the Civil Procedure Rules and the Trust's Claims Management Policy.
- Act as the Trust representative at Court hearings, supporting and advising Trust staff as required, undertaking advocacy, questioning witnesses and ensuring that the Trust's position is protected.
- Act as an advisor to the Trust on issues related to the requirements of the Mental Capacity Act 2005.
- Assist HM Coroners in the discharge of their duties in matters as they affect the Trust, liaising with the health professionals concerned, supporting and advising staff in writing reports and statements and attending Inquests on behalf of the Trust as required.
- Centrally manage all 'Subject Access' requests for health records received by the Trust.
- Centrally manage all FOI requests received by the Trust.
- Take on a central advisory role for clinical staff with respect to the most complex MCA cases regarding capacity and best interests.
- Be the responsible person for the triangulation of learning - incidents - claims - inquests within the Trust.
About us
The Queen Elizabeth Hospital (QEH) King's Lynn is located near some of the most beautiful scenery in the UK, along the north Norfolk coast, and not far from Sandringham House.
We provide a comprehensive range of specialist, acute, obstetrics and community-based healthcare services to around 331,000 people across west and north Norfolk, in addition to parts of Breckland, Cambridgeshire and South Lincolnshire.
We have more than 4,000 staff and volunteers, approximately 530 beds, and a helipad for air ambulances. We work with neighbouring hospitals for the provision of tertiary services, including as part of regional partnership and network models of care, such as the trauma network.
In February 2022 the significant progress that has been made at QEH was recognised by the Care Quality Commission who rated the Trust as 'Good' in all of the core services they inspected. They recommended the Trust moves out of the recovery support system (formerly special measures).
Job description
Job responsibilities
For further details about this vacancy, please see the attached job description and personal specification.
Job description
Job responsibilities
For further details about this vacancy, please see the attached job description and personal specification.
Person Specification
Qualifications/training and professional development
Essential
- Degree in Law
- Qualified Solicitor or Legal Executive with a current Practicing Certificate or appropriate registration /membership (SRA/CILEX/Law Society)
- Additional legal qualification relating to healthcare law and practice eg, Masters, must be held upon taking up the post.
Experience
Essential
- Advanced theoretical and practical knowledge within the field of Healthcare law, including litigation, inquests and general advice.
- Experience of conducting medico-legal work both in (or for) the NHS, and private practice. Experience of dealing with complex claims and inquests
- Management experience within the NHS
- Experience of working at a senior level in a large, complex and dynamic organisation with a record of development of an effective legal service within an organisation.
- Experience of working effectively within a team and alone.
Desirable
- Knowledge and understanding of professional standards and requirements.
- Experience of setting performance objectives and holding people to account.
- Working knowledge of NHS policies, national agendas and regulatory authorities
Skills, abilities, and knowledge
Essential
- Advanced planning and organisational skills.
- Strong organisational and management skills with a methodical approach in all aspects of work and the ability to act independently
- Ability to deal with challenging situations in a formal setting
- Demonstrate effective written and verbal communication skills. Produce timely, accurate written/electronic records and documents when required.
- Excellent verbal and written communication skills.
- Excellent interpersonal skills.
- Strong verbal or written advocacy skills, including the ability to take evidence from witnesses, presentation of evidence. and make legal submissions.
- Ability to act under pressure and provide appropriate legal advice in any given circumstance.
- Extensive knowledge of Data Protection, DPA 2018, GDPR, FOI 2000, information governance and the ICO
- Commitment to continuous improvement.
- Proficient in the use of MS Office applications.
Desirable
- Experience of successfully operating in and delivering priorities in a partnership environment.
- Able to analyse highly complex data obtained from several data sources in order to inform decision making up to Board level.
- Ability to make decisions and solve complex problems.
- Able to present and receive highly complex, highly sensitive information within a multi professional team.
- Highly developed negotiation skills with the ability to be authoritative and persuasive.
- Ability to demonstrate emotional resilience.
- Ability to engender trust and develop and maintain constructive relationships with staff at all levels within the Trust
- Provide learning and development to other professionals from a non-legal background
Person Specification
Qualifications/training and professional development
Essential
- Degree in Law
- Qualified Solicitor or Legal Executive with a current Practicing Certificate or appropriate registration /membership (SRA/CILEX/Law Society)
- Additional legal qualification relating to healthcare law and practice eg, Masters, must be held upon taking up the post.
Experience
Essential
- Advanced theoretical and practical knowledge within the field of Healthcare law, including litigation, inquests and general advice.
- Experience of conducting medico-legal work both in (or for) the NHS, and private practice. Experience of dealing with complex claims and inquests
- Management experience within the NHS
- Experience of working at a senior level in a large, complex and dynamic organisation with a record of development of an effective legal service within an organisation.
- Experience of working effectively within a team and alone.
Desirable
- Knowledge and understanding of professional standards and requirements.
- Experience of setting performance objectives and holding people to account.
- Working knowledge of NHS policies, national agendas and regulatory authorities
Skills, abilities, and knowledge
Essential
- Advanced planning and organisational skills.
- Strong organisational and management skills with a methodical approach in all aspects of work and the ability to act independently
- Ability to deal with challenging situations in a formal setting
- Demonstrate effective written and verbal communication skills. Produce timely, accurate written/electronic records and documents when required.
- Excellent verbal and written communication skills.
- Excellent interpersonal skills.
- Strong verbal or written advocacy skills, including the ability to take evidence from witnesses, presentation of evidence. and make legal submissions.
- Ability to act under pressure and provide appropriate legal advice in any given circumstance.
- Extensive knowledge of Data Protection, DPA 2018, GDPR, FOI 2000, information governance and the ICO
- Commitment to continuous improvement.
- Proficient in the use of MS Office applications.
Desirable
- Experience of successfully operating in and delivering priorities in a partnership environment.
- Able to analyse highly complex data obtained from several data sources in order to inform decision making up to Board level.
- Ability to make decisions and solve complex problems.
- Able to present and receive highly complex, highly sensitive information within a multi professional team.
- Highly developed negotiation skills with the ability to be authoritative and persuasive.
- Ability to demonstrate emotional resilience.
- Ability to engender trust and develop and maintain constructive relationships with staff at all levels within the Trust
- Provide learning and development to other professionals from a non-legal background
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.
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).
UK Registration
Applicants must have current UK professional registration. For further information please see
NHS Careers website (opens in a new window).
Additional information
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.
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).
UK Registration
Applicants must have current UK professional registration. For further information please see
NHS Careers website (opens in a new window).
.png){kind=logo}
