The role of the Senior Paralegal is to support the Head of Legal Services in the provision of a dedicated in-house legal service, which includes the following core areas:

• Healthcare advice: including but not limited to consent, capacity, data protection, Mental Health Act and regulatory proceedings, for both adults and children.
• Disclosure requests: assisting the police and local authority on childcare and criminal proceedings, where the Trust may not be a party to proceedings.
• Claims: management of Clinical Negligence and Third Party Claims, in line with NHSR’s schemes.
• Inquests: support and representation of staff in the Coroner’s Court.
• Training: internal training to all levels of staff from ward briefs to conferences.

 

Main duties and responsibilities of role

Claims Management

The Claims Team manages all Clinical Negligence claims and Third Party claims (Employers Liability/ Public Liability claims) pursued against the Trust.

The Team works closely with both NHS Resolution and the Trust’s panel firm/s to support clinicians in the defence of such claims made against the Trust.

Key aspects of the role:

The Senior Paralegal is required to independently manage a caseload of Clinical Negligence claims and support the Deputy Head of Legal Services on complex/high value claims. They will be required to undertake the following duties:

Claims

1. Ensure that the Standard Operating Procedure for the management of Clinical Negligence Claims is adhered to by the Divisions and Legal Services Team. To champion the objectives of the Legal Services Team by engaging with the Divisions to facilitate their learning from claims. To influence the development of the SOP with the Deputy Head of Legal Services.
2. Report new claims to the Division and NHSR and seek their input on the allegations, ensuring that staff feel supported throughout the process. To feel confident in leading complex and difficult discussions with clinicians, for example, where their clinical opinion differs with an expert instructed, in order to reach a resolution.
3. To have a good understanding of medical terminology, or seek further development/support in this, to confidently review clinicians’ comments, expert reports and medical records and assess liability at an early stage.
4. Demonstrate an excellent understanding of Clinical Negligence and the interaction between claims and other clinical governance processes, such as incidents and complaints, to ensure that the Trust learns from incidents. To that end, to be able to review and advise on complaint responses and incident investigations to assess their impact on liability in a Clinical Negligence claim
5. Represent the Trust at meetings with clinicians, settlement meetings, mediations, trials, and conferences with counsel and panel.

Relationships

1. Develop close working relationships with NHS Resolution and panel firms in the management of Clinical Negligence claims, challenging them, as require
2. Attend monthly meetings with the Patient Safety Team to provide an update on their Clinical Negligence Claims and discuss any potential impending claims against the Trust.
3. Advise, as required, on disclosure, where a claim is intimated against the Trust.
4. Training: attend external training sessions, for example, hosted by panel firms, for continuing professional development. To deliver internal training to staff and patient safety leads to assist their understanding of Clinical Negligence claims.
5. Support the Deputy Head of Legal Services with the Claims Forum to be held quarterly with the Divisions.
6. Signpost staff to support, such as guidance notes on the intranet and make recommendations, based upon interactions with staff involved in such claims, for developing the intranet

 

General Information:

The Trust’s Values

University Hospitals Bristol NHS Foundation Trust is committed to provide patient care, education and research of the highest quality.  In delivering this ambition, we will be guided by the following values:

 

• Respecting Everyone
• Embracing Change
• Recognising Success
• Working Together

The Trust expects all staff to work in ways which reflect these values at all times as follows:

Respecting Everyone

• We treat everyone with respect and as an individual
• We put patients first and will deliver the best care possible
• We are always helpful and polite
• We have a can do attitude in everything we do

Embracing Change

• We will encourage all change that helps us make the best use of our resources
• We learn from our experiences and research new ideas
• We look to constantly improve everything we do

Recognising Success

• We say thank you and recognise everyone’s contribution
• We take pride in delivering the best quality in everything we do
• We share and learn from each other
• We encourage new ideas that help us to be the best we can

Working Together

• We work together to achieve what is best for our patients
• We support each other across the whole Trust
• We listen to everyone
• We work in partnership

In line with the NHS Constitution, all healthcare providers, registered medical practitioners, nurses and other registered health professionals have a duty of openness, honesty and transparency (candour).

Transforming Care

Transforming Care challenges everyone at University Hospitals Bristol to play their part in supporting quality changes and improvements in their work place, building efficient care systems critical for our patients and their families, both today and in the future.

The Trust’s mission is to deliver clinical services, teaching and research of the highest quality. Our

vision is to provide first class technical care, with humanity, compassion and sensitivity to the needs of each patient.

Delivering best care,   Improving patient flow,   Delivering best value, Renewing our hospitals,   Building capability,  Leading in partnership.

These are the core elements essential to Transforming Care.  Delivering sustainable healthcare services to our patients, which are effective, efficient and driven by excellence, is at the heart of our organisation.

Equal Opportunities

The Trust is committed to eliminating unlawful discrimination and promoting equality of opportunity. All  staff  have  a  personal  responsibility  to  contribute  towards  an  inclusive  and  supportive environment for patients, carers, visitors and other colleagues from all the equality strands (race, gender, age, sexual orientation, religion, disability).

Staff have a personal responsibility to:

• Ensure their behaviour is not discriminatory
• Does not cause offence
• To challenge the inappropriate behaviours of others
• Adhere to the Trust’s values, including ‘Respecting Everyone’, as well as the Staff

Conduct Policy and the Equal Opportunities policy

Health and Safety

Under the provisions contained in the Health and Safety at Work Act 1974, it is the duty of every employee to:

• Take reasonable care of themselves and for others at work
• To co-operate with the Trust as far as is necessary to enable them to carry out their legal duty
• Not to intentionally or recklessly interfere with anything provided including personal protective equipment for Health and Safety or welfare at work.

 

Senior Management is responsible for the implementation throughout the Trust of suitable arrangements to ensure the health, safety and welfare of all employees at work and the health and safety of other persons who may be affected by their activities.  Where health and safety matters cannot be  resolved at  Senior  Management  level  the appropriate Executive  Director  must be notified.

Each Line Manager is responsible for the health and safety management of all activities, areas and staff under their control.  This includes responsibility for ensuring risk assessments are completed and implementation of suitable and sufficient control measures put in place.   Health and safety issues are dealt with at the lowest level of management practicable.  Where health and safety matters cannot be resolved at a particular management level the appropriate Senior Manager must be notified.

Everyone has a responsibility for contributing to the reduction of infections.

University Hospitals NHS Foundation Trust is ‘Smoke Free’.  Smoking or tobacco is not permitted on any of our hospitals sites.

Safeguarding Children and Vulnerable Adults

University Hospitals Bristol is committed to safeguarding and promoting the welfare of all children, young people and vulnerable adults, and as such expects all staff and volunteers to share this commitment.

Quality and Clinical Governance

Quality in the NHS has three core dimensions:  Patient Safety, Patient Experience and Clinical Effectiveness.

Clinical Governance is about the systems, processes and behaviours to ensure that high qualit y services  are  provided  to  patients.  Every  member  of  staff  has  a  role  to  play  in  striving  for excellence: it is important that everyone is aware of and follows policies and procedures that govern their work; and if something goes wrong, everyone has an obligation to report it so lessons can be learned from mistakes, incidents and complaints.

If any member of staff has concerns on any clinical governance matters, they should raise them with    their    line    manager,    professional    adviser,    or    a    more    senior    member    of management.  Reference should be made to the Trust’s guidance on Raising Concerns about provision of patient care.

Information Governance

It is the responsibility of all staff to respect the confidentiality of patients and staff, as specified in the Caldicott Principles, Data Protection Act, General Data Protection Regulations and the Human Rights Act. It is the duty of every employee to:

• Only access person identifiable information as required in the execution of their duties.
• Disclose information appropriately, in line with the Data Protection Act/ General Data

 

Protection Regulations.

• To ensure good quality data by recording, promptly and accurately, clinical and non - clinical information within agreed timescales to PAS, the health record or the appropriate clinical or non-clinical information system
• Always trace patient notes on the Patient Administration System
• Maintain the confidentiality of their password / username and if in possession of a ‘Smartcard’ abiding by the terms and conditions of its use.

Workplace Health and Wellbeing

The Trust Workplace Health and Wellbeing Framework applies to all employees, students and volunteers who are encouraged to take responsibility for their individual health and wellbeing and to promote the wellbeing of colleagues. Line managers must recognise the importance of health and wellbeing and take it into account when planning tasks and designing jobs.