The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011

Legal advice and instruction of medical experts

47.—(1) Where a Welsh NHS body has determined that a qualifying liability exists, or may exist, in accordance with regulation 40 and this Part, the Welsh NHS body must ensure—

(a) that legal advice is available to a person seeking redress under this Part in accordance with the following provisions of this regulation; and

(b) if a medical expert or experts need to be instructed that such instruction is carried out jointly by the Welsh NHS body and the person who notified the concern.

(2) Legal advice must only be sought from firms of solicitors who have a recognised expertise in the field of clinical negligence. Firms will be recognised as having the necessary expertise if they have at least one partner or employee who is a member of the Law Society Clinical Negligence Panel (1) or the Action Against Medical Accidents Clinical Negligence Panel (2).

(3) A Welsh NHS body must ensure that legal advice without charge is available to the person who notified the concern in relation to the following matters—

(a) the joint instruction of medical experts, including the seeking of clarification from such experts of issues arising from their reports;

(b) any offer that is made in accordance with this Part;

(c) any refusal to make such an offer; and

(d) any settlement agreement that is proposed.

(4) Subject to any rights that a Welsh NHS body has to recover such expenditure from an English NHS body,, the cost of such legal advice and costs arising from the instruction of such medical experts must be borne in their entirety by the Welsh NHS body.

(1)

The Law Society runs an accreditation scheme for solicitors and Fellows of the Institute of Legal Executives (FILEX) who specialise in clinical negligence cases. Solicitors and FILEX who are able to demonstrate, in accordance with the Law Society’s published procedure, that they are sufficiently expert in clinical negligence matters are eligible to be listed as a member of the Law Society Clinical Negligence Panel.

(2)

Action Against Medical Accidents (AVMA) is a charity established to promote patient safety. It runs an accreditation scheme for solicitors and Fellows of the Institute of Legal Executives (FILEX). Solicitors and FILEX who can demonstrate that they meet AVMA’s published criteria for demonstrating expertise in the field of clinical negligence can become members of AVMA’s Clinical Negligence Panel.