Possible Claims for Negligence

Possible Claims for Negligence

In the early part of the process it may not be clear whether the complainant simply wants an explanation and apology, with assurances that any failures in service will be rectified for the future, or whether they are in fact seeking information with litigation in mind. It may be that an open and sympathetic approach will satisfy the complainant. However, if the complainant indicates an intention to instigate or instigates legal action, the complaints procedure should be immediately brought to an end. The Chief Executive should advise the complainant and the complained against in writing of this decision.

In all prima facie cases of negligence, or where the complainant has initiated legal proceedings, the principles of good claims management and risk management should be applied. There should be a full and thorough investigation of the events. In any case where the Trust accepts there has been negligence, a speedy settlement should be sought.