Trust Healthcare Solicitor

Job summary

Closing Date: (this may change dependent on response)

Shortlisting to take place in the week following closing date: commencing

Interview expected to take place in the weeks following shortlisting: commencing

This post is to provide the Trust with expert legal and practical advice in the area of healthcare law requiring excellent time management, prioritisation, professionalism and pragmatism with the ability to clearly communicate highly contentious, highly complex and highly sensitive information in a demanding environment that is frequently emotive, and patient focused.

Main duties of the job

The post holder will work across the Trust and with other partner organisations:

To undertake investigation of clinical and non-clinical claims.

To attend Court and Coroner's Court and to provide advocacy on behalf of the Trust and NHS clients.

To ensure consistent management and professional leadership of the Trust's dedicated Legal Services Department; this will include supervision and line management of the Legal Team.

To identify trends and areas of concern that relate to patient safety or risk liaising with clinical leads as well as escalating to the Safety Event Group.

Work with Maternity Services to provide appropriate data in relation to Safety Action 10 to support the Trust in its submission and declaration to the Maternity Incentive Scheme.

To provide advice and training on specialist litigation issues.

This will include a proactive approach to claims processing, including reducing the amount of work contracted out to panel solicitors by increasing internal capability to handle pre-action disclosure within the Trust. The post holder will also be expected to deal with a number of claims if they involve complex and/or sensitive issues including those submitted by Litigants in Person.

About us

Our People Charter outlines the behaviours we can expect from one another and what you can expect from Bradford Teaching Hospitals Foundation Trust:

We value people We are one team We care

We're keen to meet people who share these values and are passionate about delivering the highest quality of care to our patients.

Job description

Job responsibilities

PRIMARY DUTIES & AREAS OF RESPONSIBILITY

Communication

To communicate highly contentious sensitive information often in a hostile and antagonistic atmosphere in order to provide a legal advisory service associated with specialist litigation.

To provide legal advice on a range of clinical and non-clinical issues and policies with wide organisational impact.

To obtain evidence from witnesses for inquests.

Legal Advice

To provide expert legal and practical advice on contentious, complex, and sensitive clinical issues that arises within the trust including sharing the emergency on-call advisory service.

To participate in and provide legal advice where necessary to Trust Working groups and Committees.

To protect the interests of the Trust and staff members generally against any potential issues of unlawful conduct, negligence of professional misconduct or where the Trust may sustain reputational damage.

Understand, analyse, interpret, and communicate highly complex clinical and legal information in a clear manner to non-legal staff members.

Court applications (High Court/Court of Protection)

To provide expert legal advice as to when an application to Court is required by the law.

To identify and obtain all evidence as required by the Trust to achieve the desired outcome.

To work with Panel Solicitors to approve appropriate Counsel to conduct proceedings and provide support accordingly.

To advise, support and keep Trust clinicians involved in legal proceedings updated.

Coroners Inquests

To provide expert legal advice on contentious inquests.

To identify potential issues for the Trust and obtain clinical witness statements.

To identify risks to the Trust so as to avoid PFD Reports being issued.

To advise, prepare and support Trust clinicians required to attend inquests.

To provide advocacy in the Coroners Court and to make legal submissions where required.

To maintain good working relationships with the Coroners and Coroners Officers.

To communicate to relevant staff the outcome of an Inquest and, where appropriate to prepare any formal response to PFD Reports and any other requests from the Coroner.

To liaise with the Trusts Medical Examiners office and Associate Medical Director: Mortality.

Clinical Negligence Claims

To provide expert legal advice on negligence claims made against the Trust.

To advise the Associate Director of Quality when making admissions or denials of liability, settlement offers and when signing official Court documents in conjunction with NHS Resolution and Panel Solicitors.

Liaise closely with departmental colleagues to discuss current issues in order to promote the best possible outcome of a claim. Share knowledge and support colleagues as necessary in their day-to-day work.

To liaise sensitively with clinicians involved in negligence claims and provide them with appropriate support throughout the litigation process.

To identify significant litigation risk proactively and take appropriate action to minimise the Trusts financial exposure.

To work efficiently with NHS Resolution and Panel Solicitors, and to maintain professional relations with Claimant Solicitors and the Courts.

Deal with claims submitted from Litigants in Person and those claims which involve particularly sensitive and/or complex issues.

Other Duties

To provide the management team within Clinical Service units with GIRFT reports and support discussions to identify opportunities for learning and improvement.

Maintain appropriate insurance cover for risks not covered by the Clinical Negligence Scheme for Trusts or the Risk Pooling Schemes operated by NHS Resolution.

Provide information to enable brokers to place cover of the best possible terms and notify significant changes between renewals.

Maintain a summary of insurances held and any gaps in cover for periodical review by the Board of Directors.

Keep up to date with current reforms surrounding clinical negligence/personal injury claims, legislation regarding disclosure of records etc

Develop and maintain departmental procedures and guidelines to support the efficient processing of clinical negligence, property and liability claims liaising with internal departments and external bodies, such as defence solicitors, expert witnesses, and NHS Resolution.

Responsible for the development and maintenance of effective internal reporting systems as agreed with the Associate Director for Quality and external reporting systems as required by NHS resolution.

Monitor the adequacy of these reporting systems in accordance with changing requirements.

Prepare and present reports in accordance with defined timescales to the Chief Medical Officer, senior managers, and appropriate committees.

Ensure the claims database is utilised effectively to provide key data for internal and external reporting requirements.

Responsible for the training of the legal team in the use of existing and new computerised systems.

Utilise departmental software fully in the provision of professional services.

To work with the Patient Safety Specialist to develop and deliver an annual multi-professional training programme across the Trust to support learning from Claims and Inquests.

Authorise invoice request forms in relation to fees for the disclosure of copy healthcare records.

Chair departmental meetings and act as departmental representative at other in-house meetings as required. Such other duties at a comparable level of responsibility as may normally be agreed with the jobholder.

The postholder will support the Trust in improving the quality and value of services by learning from legal issues, including the Getting it Right First Time guidance on learning from claims.

The postholder will be responsible for ensuring there are mechanisms in place to identify and refer patient safety risks to the relevant teams for appropriate escalation an investigation and to drive learning from claims and inquests.

Work closely with wider Quality team and other departments to ensure that there is a combined approach to the management of inquests, claims, complaints, and patient safety incident response reports when required.

Financial

Supporting good budget management, co-ordinating and monitoring expenditure

Constantly strive for value for money and greater efficiency in the use of budgets, and to ensure that they operate in recurrent financial balance year on year.

Leadership and management

Promote and implement best practice in the management of claims against the Trust. Ensure timely investigation and just resolution of claims, working with NHS Resolution and other key stakeholders.

Manage staff within the Legal Services Team, including staff development, appraisal and performance management, identification of training requirements, sickness, absence, grievance, and disciplinary procedures etc.

Support, motivate and develop staff within the department and more widely in healthcare law issues, leading and promoting best ethical and professional practice within a multi-disciplinary network.

Identify and champion remedial action, which may be needed to avoid recurrence of adverse events. Influence, support, co-ordinate and take the initiative to enthuse, motivate and involve individuals and teams to ensure learning.

Ensure the appropriate level of resource is available within the legal services team to enable staff to undertake their roles.

General

To work in accordance with the Trusts Values to consistently demonstrate the behaviours required.

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 provisions of the Data Protection Act and its amendments.

Enhance own performance through continuously developing own knowledge, skills and behaviours to meet the current and future requirements of the job and respond to the learning needs of the Trust.

Person Specification

Experience

Essential

Experience of working clinical negligence claims within the NHS. Experience in attending inquests and conducting advocacy Experience of healthcare advisory matters consent / capacity / confidentiality. Previous experience of High Court matters Excellent General knowledge of clinical/medical terminology. Experience of working under pressure, meeting deadlines and ability to manage own workload. Experience of managing a large workload at a senior level without supervision. Experience of working with databases and interpretation of data and report writing. Proven ability to work to tight deadlines Experience of managing and developing teams.

Desirable

Experience of quality management processes and quality improvement mechanisms Experience of using hospital administration and patient information Systems Experience in risk management and working closely with Governance Teams

Skills

Essential

Ability to work as part of a team and organise fluctuating workload around competing priorities. Willing to develop own skills and knowledge and work under own initiative. Excellent negotiating skills with the ability to seek solutions from a multiple range of options which are often complex, sensitive/contentious Excellent engagement, communication and interpersonal skills with ability to build strong stakeholder relationships, internally and externally. Ability to interpret national policy and guidance, identify local implications and apply implementation to a local setting Makes clear recommendations indicating benefits or consequences and identify risks Ability to analyse and use complex information from a variety of sources and formats Excellent verbal and written communications including accurate report writing and the ability to analyse and interpret data. Approachable and supportive to all levels of staff and an ability to challenge information sensitively. Excellent people management skills including ability to influence and engage non-reporting lines. Computer literate has experience in risk management IT systems data inputting, databases and Microsoft Office software Strong decision making skills, formulating and interpreting policy in practice. Able to act as a resource for other members of the team and the wider Trust in claims and coronial matters. Has the ability to prepare written material presenting complex matters in a logical way using the appropriate style, content and language for the audience Accurate, organised and detailed orientated.

Desirable

Clear understanding of the General Data Protection Regulations Teaching and presentation skills

Knowledge

Essential

Understanding of Information Governance and Confidentiality Knowledge of complex healthcare /or other complex organisational environments including across functional boundaries. Knowledge and experience in the application of the Civil Procedure Rules and Court processes. Extensive knowledge of NHS Resolution protocols Good understanding of the principals of investigation management and methodologies. Functional knowledge of, general computer skills, risk management systems, communication planning, performance management, financial management. High degree of professional integrity, accountability and respect for the sensitive and confidential nature of medical information.

Desirable

An understanding of how an Acute Hospital Trust works and general knowledge of Clinical/ medical terminology with an ability to navigate medical records.

Qualifications

Essential

Degree in Law (or other degree with completion of relevant conversion course). Post Graduate qualification in Legal Practice (Masters level or equivalent) plus theoretical knowledge and experience associated with NHS specific provision, structure and social care policies. Admission as Solicitor of the Supreme Court of England and Wales.

Other Requirements

Essential

Sensitive and compassionate outlook for dealing with distressed staff involved in litigation A sound understanding of confidentiality. Must be a good team player Must be Motivated and enthusiastic and Assertive and decisive

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