Negligence policy 2011 [Archived]
Negligence policy 2011 [Archived]

The following Practice Compliance precedent provides comprehensive and up to date legal information covering:

  • Negligence policy 2011 [Archived]

    1. 1

      Introduction

      1. 1.1

        We recognise there are risks inherent in our practice.

      1. 1.2

        We aim, as far as possible, to have a blame-free culture—we are all capable of making mistakes.

      1. 1.3

        If prompt action is taken after a mistake has occurred, the error can often be rectified or the damage limited.

    1. 2

      Responsibility for handling mistakes and negligence claims

      1. 2.1

        [insert name of person nominated to receive internal claim/circumstance report forms] is responsible for handling:

        1. 2.1.1

          mistakes that could give rise to a negligence claim against us (actionable mistakes)

        1. 2.1.2

          actual negligence claims against us (including negligence claims that have been notified to us in some way but not yet formally commenced)

        1. 2.1.3

          They will:

          1. (a)

            receive and record internal notifications of actionable mistakes, intended and actual claims

          1. (b)

            assess whether it is necessary to notify our insurers of the mistake or claim and, if so, notify our insurers

          1. (c)

            decide what action should be taken

          1. (d)

            manage our relationship with our insurers

          1. (e)

            maintain a register of actionable mistakes, intended and actual negligence claims and review this register on a[n] [monthly OR quarterly OR annual] basis to establish whether:

            1. (i)

              there are any patterns or trends

            1. (ii)

              staff training is required on any particular legal, procedural or administrative issues

            1. (iii)

              we should take any other action to minimise the risk of negligence claims in the future

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