External Medico-legal Guidance

Shared decision making and consent are fundamental to good medical practice. This guidance explains that the exchange of information between doctor and patient is essential to good decision making

This note provides guidance to those who may be approached to give evidence as a witness if you were involved in providing care and treatment to a claimant on behalf of one of our members (for example, a Trust).

Annual report and accounts 2022/23

NHS Resolution commissioned The Behavioural Insights Team (BIT) to research the motivation of patients making legal claims for compensation for clinical negligence (“claims”).

Attending a Coroner’s court to give evidence can be worrying if this is something you have never done before, or if you have previously had a challenging experience. NHS Resolution has produced three films to help prepare staff called to give evidence at an inquest.

MDDUS’ advice to its medical and dental members in England and Wales on how to prepare for a coroner’s inquest.

This consent form can be used for the release of health records under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

Medical expert witness reports are used to help a court or tribunal to come to a decision. The reports can range from an assessment of current clinical condition and prognosis following injury in an accident, to an opinion on the apportionment of responsibility when more than one party has contributed to clinical negligence.

For the past 10 years, Emergency Medicine (EM) as a specialty has occupied either first or second position each year in terms of the highest number of new claim notifications to NHS Resolution.

NHS Resolution has successfully pursued a number of actions for contempt of court in recent years resulting in jail sentences. In February 2021 Linda Metcalf was sentenced to six months in jail for deliberately attempting to defraud the NHS in excess of £5.7 million.

Attending a Coroner’s court can be a stressful experience for doctors. The issue of consent has come to the forefront following the Montgomery ruling. The following link contains learning modules on consent, inquests and response to harm for patients and staff with video examples.