ALARM SEMINAR 25TH JANUARY 2006

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ALARM SEMINAR25TH JANUARY 2006

• CURRENT DEVELOPMENTS

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John Mead

• NHS LITIGATION AUTHORITY

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WHAT IS NHSLA?

• A Special Health Authority
• Therefore part of the NHS
• Not an insurer or a government department
• Answerable to the Secretary of State for Health

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THE NHSLA

• Formed in November 1995
• Operates various schemes on behalf of the
  Secretary of State
• Clinical Negligence
• PL/EL/Property/Miscellaneous risks
• Equal Pay Claims

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THE NHSLA

• Covers England only
• Currently three offices
• Claims Inspectorate
• Panels of defence solicitors
• Framework Document

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THE NHSLA

• Funding from Department of Health or Trusts
• Risk Pool
• Pay as you go basis
• Non-standard spread of claims
• Self-funded Periodical Payments

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LEGAL DEVELOPMENTS

• JD-v-E. Berkshire Community Health NHS Trust and
  related actions (House of Lords, 21/4/05) -
  whether clinicians owe duty to parents of
  children suspected of having been abused.
• Sheppard-v-Essex Strategic Health Authority (High
  Court, 13/5/05- Hallett J) Costs capping

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LEGAL DEVELOPMENTS

• Flora-v-Wakom (Heathrow) Ltd (High Court, 7/12/05
  - Sir Michael Turner) appropriate indexation
  for future losses
• Badger-v-Ministry of Defence (High Court,
  16/12/05 - Stanley Burnton J) Smoker
  contributorily negligent in asbestosis case