Patient Disputes

What are Patient Disputes?

‘Patient Disputes’: quite simply any dispute that could end in legal proceedings arising between patients and / or their relatives and the treating medical team. Obviously, this covers the full range of traditional clinical negligence claims, arising from negligent treatment and diagnosis. However, IE is now also available for disputes relating to proposed treatment, or withdrawal of treatment from critically and terminally ill patients and the elderly. Where a dispute relates to proposed treatment, or withdrawal of treatment, the objective is to resolve the dispute and agree a way forward, rather than to pursue a claim.

Independent Evaluation (IE) – the best way to resolve patient disputes

IE is potentially the best way to achieve resolution for all forms of patient disputes: simultaneously the most forensic, quickest and cost-effective with a proven track record of successfully achieving resolution in the most difficult cases. With IE, patients and their relatives and health providers can avoid the long and painful process of litigation, which has been exacerbated as a result of the Covid-19 pandemic.

Highly specialist and independent Evaluators

IE Evaluators are top tier legal experts with vast experience covering the full range of disputes arising from all areas of medicine. They are completely independent of the NHS.

Unique, highly effective process

Once the appointed Evaluator has analysed the specific details of the dispute, the Evaluation day takes place. Drawing on their experience, the Evaluator explains to each party the strengths and weaknesses of their case and advises what the likely outcome would be if the case went to court. This impartial, forensic assessment gives the parties a better understanding of their position and helps them make high quality, well informed decisions. The Evaluator delivers their Evaluation and then through a process of facilitation, helps the parties achieve the best possible settlement. For more on this see IE Process.

Bespoke Evaluations

There are two types of patient disputes that present particular difficulties for dispute resolution: Best Interests and Intensive Care (ICU) disputes. In response to this, we have created a bespoke model of evaluation by adapting the IE process to provide the best possible chance of resolution. For Best Interests and Intensive Care disputes, IE continues to evolve a truly unique and exceptional process combining an independent, top tier clinical specialist with expertise in the ICU arena, or relevant specialist field, alongside the legal Evaluator. For more on this, please see Best Interests and Intensive Care disputes.

Understanding and sensitivity

Evaluators are specifically trained for all types of patient dispute, so relatives can be confident that they will be treated with respect at all times and that the Evaluation process will be conducted with understanding and sensitivity.

What to do next

If you are involved in a Patient Dispute, whether you are a relative of the patient, the solicitor representing the patient/relative, or a solicitor representing NHSR or an NHS Trust, please contact us at Independent Evaluation. We believe we offer the best chance of resolving your dispute and enabling the parties to move forward.

For more information or to refer your dispute for Evaluation, call Jonathan Bishop on 020 3383 1000 or complete our enquiry form.