The four clinical negligence schemes we manage are:
- Clinical Negligence Schemes for Trusts (CNST), which covers clinical negligence claims for incidents occurring on or after 1 April 1995.
- Existing Liabilities Scheme (ELS) is centrally funded by the Department of Health and Social Care (DHSC), covering clinical negligence claims against NHS organisations for incidents occurring before 1 April 1995.
- Ex-Regional Health Authority scheme (Ex-RHAS) is a relatively small scheme, centrally funded by DHSC, covering clinical negligence claims against former Regional Health Authorities abolished in 1996.
- DHSC Clinical covers clinical negligence liabilities that have transferred to the Secretary of State for Health and Social Care following the abolition of any relevant health bodies.
We also manage two non-clinical schemes under the heading of the Risk Pooling Schemes for Trusts (RPST):
- Property Expenses Schemes (PES) which covers ‘first party’ losses such as property damage and theft, for incidents on or after 1 April 1999.
- Liabilities to Third Parties Scheme (LTPS) which covers non-clinical claims such as public and employers’ liability.
In addition we manage one other non-clinical scheme:
- DHSC Non-Clinical which covers non-clinical negligence liabilities that have transferred to the Secretary of State for Health and Social Care following the abolition of any relevant health bodies.
We have a panel of specialist solicitors that work with us on our behalf providing services related to clinical and non-clinical liabilities, and regulatory, health and disciplinary law.
We use our unique purchasing power and the tender process to help ensure that the NHS receives value for money and allow us to maintain the high quality legal services for our members. The services required are to meet with an on-going, and often urgent, need to access law firms with specialist expertise and knowledge to provide advice and support on a wide range of health-related issues. As law firms often specialise in particular areas and so not all firms can offer expertise across the full range of our requirements, the health-related legal services framework were divided into three distinct lots. These lots have generated three distinct panels.
The estimated spend on the legal panel framework over the four year period is £523 million approximately (inclusive of VAT). This is comprised of:
- Lot 1 – £120 million per annum; £480 million over contract lifetime
- Lot 2 – £8 million per annum; £32 million over contract lifetime
- Lot 3 – £2.8 million per annum; £11.2 million over contract lifetime
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