NHS to offer Mediation

The NHS Litigation Authority (NHSLA) has announced a new mediation service to speed up the process for resolving claims the service will offer a face-to-face discussion between the healthcare provider and the patient, supported by an independent and accredited mediator.



During the process, legal rights remain intact and either party can proceed to court if they are unhappy with the outcome.

The NHSLA says the scheme will be an independent and voluntary process for resolving claims against health authorities. Chief executive Catherine Dixon said: ‘We hope that it will help patients, their families and NHS staff resolve concerns quickly and cost-effectively whilst also enabling all the parties to meet to have their say without the need to go to court.’

However Simon Bransby clinical negligence specialist at Morgan Jones & Pett is sceptical."Mediation may help resolve some complaints" he said."However patients often have little understanding of the complex medical issues surrounding their care and any possible legal claim, which the hospital will, so there is a danger of there being no equality of arms. If the patient needs a legal remedy they will need legal assistance. If patients seek mediation as an alternative to seeking expert legal advice on claims there is a real danger they will end up with a serious undervaluing of their claim."