Adjudicators conduct thorough and impartial reviews of all aspects of the complaint with a strong commitment to fairness and compassion.
As part of the commitment to fairness and accountability, Health Care Providers and patients are bound by the Adjudicator’s decision.
Adjudicators are selected based on their background and experience to ensure a strong match to the issues underpinning the complaint.
Effective utilisation of technology and organisational resources enables Adjudicators to render decisions within 28 working days.
While the adjudication process ensures fairness for patients by providing them with a platform to voice their concerns and seek timely resolutions, access to independent adjudication has become crucial for healthcare providers, including individual dentists and doctors, due to the increasing significance of no win no fee solicitors in the medical space.
Before taking a case, a no win no fee solicitor evaluates it based on three key areas: merit, financial risk, and time and resources versus expected payout. However, the merit assessment is often primarily based on the patient’s biased information, limiting the healthcare professional’s opportunity to present their side at this early stage. When the patient instructs the solicitor and the solicitor establishes contact with the healthcare provider, the provider must inform their professional indemnity insurers of the potential claim. At this point, the healthcare professional loses control of the process, as the insurance company and their solicitors take over. In the absence of any determination of liability or wrongdoing, the healthcare provider may face significant costs, including increased insurance premiums during the next renewal, the responsibility to pay the excess on their policy (which could be as high as £10,000 per claim), and potential liability for any settlement, aggressively pursued by a determined solicitor.
Merit assessment: If an independent adjudication decision has already determined that the healthcare professional is not at fault or liable for the case, it can serve as strong evidence against the viability of the claim. No win no fee solicitors will be less inclined to take on such cases without the patient being a direct pay client.
Financial risk: No win no fee solicitors bear the financial risk of the case. Taking on a case that has already received an unfavourable adjudication decision may diminish their confidence in winning or securing a favourable outcome, impacting their decision to proceed.
Time and resources: Given the significant time and resources required for legal cases, solicitors may question the wisdom of pursuing a case that has already received an adjudication decision, prioritising other cases with stronger prospects of success.
Deterrence for frivolous claims: Expert adjudicators can act as a deterrent for individuals tempted to make baseless or frivolous claims. No win no fee solicitors are more likely to identify and dismiss such complaints before they are instructed, knowing that an expert adjudicator has evaluate their validity and issued a robust report.
Objective decision-making: Involving an impartial adjudicator ensures an unbiased evaluation of the complaint. The adjudicator reviews evidence, assesses relevant information, and makes an objective decision, reducing the likelihood of complaints driven solely by the potential for financial gain through legal action.
By having access to independent adjudication and incorporating an expedited adjudication clause in patient contracts, healthcare providers can effectively prevent patients from immediately seeking the assistance of a no win no fee solicitor when complaints cannot be resolved. This approach safeguards providers from incurring substantial costs until a determination of liability is made against them.
The mission of HSCAMP is to provide Health and Social Care providers with the tools and insights to turn dissatisfied patients into satisfied patients and to provide an independent adjudication service for patients who are not satisfied with the resolution proposed by the Health and Social Care providers’ internal complaint process.
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