What is the Early Notification Scheme?
The NHS Resolution Early Notification Scheme was established in April 2017 to address potential clinical negligence claims in relation to severe brain injuries at birth.
The main objective of the scheme was to expedite liability investigations in the aim of reducing legal costs and providing early compensation to the families affected. This scheme would identify the learning opportunities to improve the maternity care across the UK.
The failure of the Early Notification Scheme
However, despite its well-intentioned objective, the scheme has faced significant challenges that undermine its effectiveness and the trust of the family’s seeking compensation.
According to a study published by the Association of Personal Injury Lawyers (APIL) “only 108 families have received any financial compensation under the scheme, including interim payments. In comparison, over 3,200 incidents have or are being investigated under the scheme, and in 483 cases it has been determined that care fell below a reasonable standard”.
Families affected have waited an average of more than three years to receive any compensation, either by way of an interim payment or final award which contradicts the schemes objectives to compensate ‘in real time’.
The reasoning for the failure is unclear, but one likely cause could be due to underreporting as some NHS Trusts are not referring incidents to the scheme due to internal risk assessments. However, it could also be because the compensation statistics appear low as the most serious cases are yet to be settled under the scheme.
While the scheme was established with the intent to improve outcomes for families affected by neonatal brain injuries, its current implementation faces significant challenges.
If you or a loved one are facing similar challenges because of medical negligence, know that you are not alone. Our team is here to provide assistance and guidance, offering a free initial consultation to explore your legal options.
Elizabeth Smith, Head of the Personal Injury and Clinical Negligence department at Wolferstans has expressed her concern about the apparent failure of the scheme, stating:
“It is frustrating for the families that have suffered an injury that the system designed to help them gain justice from appears to be failing. I am also concerned that the scheme is not providing the compensation that families need with the average final settlement under the scheme being £861,000 in contrast to average damages for all birth-related brain damage and cerebral palsy claims, including claims outside the scheme, being close to £11 million.”
Contact us today on 01752 292204 or medicalnegligence@wolferstans.com. We operate on a No Win, No Fee basis, ensuring that justice remains accessible for all.