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ALARM SEMINAR 25 TH JANUARY 2006

ALARM SEMINAR 25 TH JANUARY 2006. CURRENT DEVELOPMENTS. John Mead. NHS LITIGATION AUTHORITY. 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. THE NHSLA.

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ALARM SEMINAR 25 TH JANUARY 2006

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  1. ALARM SEMINAR25TH JANUARY 2006 CURRENT DEVELOPMENTS

  2. John Mead NHS LITIGATION AUTHORITY

  3. 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

  4. 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

  5. THE NHSLA • Covers England only • Currently three offices • Claims Inspectorate • Panels of defence solicitors • Framework Document

  6. 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

  7. 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

  8. 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

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