In 2020, a new protocol was implemented to encourage positive behaviours from Claimant and Defendant lawyers. This protocol can be relied upon throughout the duration of the Covid-19 pandemic and recovery.

This protocol covers issues relating to limitation and extensions of time, telephone calls and emails, service by email (including new proceedings), medical examinations of clients for condition and prognosis reports, exchange of evidence, interim payments, settlement meetings and mediations, BACS payments, cost budgeting, and hearings including adjournments.

[Further information on the protocol can be found at: https://resolution.nhs.uk/wp-content/uploads/2021/03/Covid-19-Clinical-Negligence-Protocol-2020-1.pdf ]

How Covid-19 has affected us:

The impact upon disclosure of Medical Records

The first stage of a Clinical Negligence claim is for us to access and review the medical records with our experts.  Some NHS trusts and GP practices have risen to the challenge and have continued to provide records within the statutory timescale of 30 days (GDPR 2018), whereas others have struggled significantly, with records taking many months or more to materialise. 

It is a difficult call to make to seek a Court order for disclosure (which is the only way to force the issue), when we are all acutely aware of the challenges posed by the pandemic.  

The impact on limitation

The Covid-19 protocol allows for an unchallengeable extension to limitation until 3 months after the end of the protocol (for participating organisations).  This has the potential to lead to a significant number of cases where limitation occurs on the same (as yet unknown) date 3 months after the end of the protocol.

In order to avoid this backlog, we seek to agree a fixed limitation date for each file and review and extend it further if necessary.

The impact of self-isolation and working remotely

Like many companies, the pandemic led to a shift in our working dynamics, with all staff initially forced to work remotely.

Since the easing of restrictions many of our staff have been making a phased return to the office. We are also pleased to return to client-facing meetings, where necessary, socially distanced in one of our meeting rooms.

More recently, the NHS Track and Trace app has caused its own challenges with ‘pings’ to numerous members of the team, forcing them to self-isolate for up to 10 days.   Thankfully working remotely is no longer an upheaval and our usual service remains.

Joining the firm in 2021 brought new challenges. Starting a new job in the in the midst of remote working was somewhat daunting as many of our colleagues have yet to return to work in the office. We found that we may know a name from through email, or over the phone, but it proves difficult putting a face to that name when people do attend the office.

The impact of Covid-19 on our work in the future

Covid-19 has caused significant delays within the healthcare sector, with many individual’s treatments being pushed back. Recent news suggests that a potential 13 million patients may be waiting for routine procedures and investigations to be carried out in the next 12 months [https://www.bbc.co.uk/news/uk-57793122].

These delays will undoubtedly lead to an increase in avoidable poor outcomes for patients and their families.

For legal advice relation to Clinical Negligence contact us at medical@bttj.com

The post Covid-19: The Impact upon Clinical Negligence appeared first on Brindley Twist Tafft & James.

Kerry Hudson, Employment Law Solicitor said employees could be out of pocket if the rules change while they are abroad, for example going from green list to red list when they will then be required to self-isolate for 10 days.

“One of the questions we are asked regularly is whether people in this position are entitled to statutory sick pay,” said Kerry.

“But the answer is no!

“Your employers may be agreeable to you working from home, so for some people this might not cause a problem but if you’re a driver, a postman, or work in a factory, pub, shop or hotel then what can you do?”

The employers could choose to pay them SSP, but they don’t have to. 

Kerry said although some companies might agree to employees working from home, others have been known to refuse this option so as to keep a level playing field with other employees who choose to stay at home rather than go abroad, and who travel into work every day.

She explained: “If they fall ill while on annual leave, that’s a different matter, but if it’s a case where the rule changes have an impact on their return to the UK and to work, then employers are fully within their right to insist they take it as paid holiday or – in the worst-case scenario – unpaid leave.”

Kerry said travelling to green list countries doesn’t negate any risk.

She continued: “There was a case recently in which someone travelled to a green list country. Once back in the UK they were contacted by track and trace – someone else on their flight tested positive for Covid and they were forced to self-isolate for 10 days.

“In this instance unless you are able to work from home and your employers agree to this, or are able to take it as extra annual leave, it may well be that you are left being paid no more than SSP.

“People should know that they could book a holiday abroad and do everything right – choose a seemingly safe country from the green list, take the PCR test and test negative, but if by misfortune you are on the same flight as someone who later tests negative, the outcome can be just as damaging.

“There are a lot of risks!

“If you are ‘pinged’, then the rules are different, and whilst the guidance is that you should self-isolate, it is not a criminal offence if you don’t, but you could then be putting others at risk.  Some employers if they come to learn you have been pinged, and not taken regular tests to ensure you have not contracted Covid but still attended the workplace, may even consider this disciplinary action.  There are however a list of exempt workers.

“If you have symptoms/test positive for Covid or if someone in your household has symptoms/tested positive, then you must self-isolate and you are likely to then be eligible for SSP, of your employers may have extra benefits they could offer.

“If you are contacted by track and trace and told to self-isolate, then again this is a legal requirement and you must stay at home.”

Needing employment law advice? Contact us today at enquiries@bttj.com

The post Travelling abroad could leave workers out of pocket appeared first on Brindley Twist Tafft & James.