CNST and ELS schemes (FOI_6927)

Freedom of information request details

FOI request date:

Service: Claims Management

The following information was requested:

According to your website the CNST and ELS schemes exist to ensure that clinical negligence claims made against the NHS are handled fairly and consistently, and to support the NHS to learn from things that have gone wrong to improve patient and staff safety, with due regard to the interests of both claimants and the NHS.

NHS Resolution’s claim is that they “seek to settle justified claims fairly and efficiently and to defend unjustified claims robustly”.

1) How do you determine the difference between a ‘justified’ claim and an ‘unjustified’ claim?
2) Who makes this decision?

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