Identifying the correct defendant in clinical negligence claims
Produced in partnership with Sarah Fraser Butlin of Cloisters Chambers
Identifying the correct defendant in clinical negligence claims

The following PI & Clinical Negligence guidance note Produced in partnership with Sarah Fraser Butlin of Cloisters Chambers provides comprehensive and up to date legal information covering:

  • Identifying the correct defendant in clinical negligence claims
  • The National Health Service (NHS)
  • Reorganisation of the NHS
  • Clinical Commissioning Groups
  • NHS Trusts
  • The National Institute for Health and Care Excellence
  • National Health Service Blood and Transplant
  • Patient Advice and Liaison Service
  • General Medical Council
  • British Medical Association
  • more

The National Health Service (NHS)

England and Wales have a publicly funded health system. The Department of Health and Social Care (DHSC) controls the provision and the government pays for it from tax and National Insurance collected centrally. The health care is free to residents of England and Wales. Some charges are levied in politically less sensitive areas such as dentistry and eye care.

Reorganisation of the NHS

The Health and Social Care Act 2012 (HSCA 2012) came into force in April 2013 and brought major reforms to the NHS.

While the Secretary of State remained responsible for the NHS, there was increased opportunity for private health care firms and charitable organisations to deliver many services currently provided by the NHS.

Strategic Health Authorities were abolished and replaced with NHS England. NHS England leads the National Health Service (NHS) in England. It sets the priorities and direction of the NHS and shares out more than £100 billion in funds and holds organisations to account for spending this money for patients and for the tax payer. NHS England commissions the contracts for GPs, pharmacists, and dentists and supports local health services that are led by groups of GPs called Clinical Commissioning Groups (CCGs). CCGs plan and pay for local services such as hospitals and ambulance services.

NHS England is also under a