The role of the CNST and its relevance to the work of birth injury lawyers

The Clinical Negligence Scheme for Trusts (CNST) was set up in 1995 as part of a strategy to help NHS trusts better manage the manifold issues surrounding clinical negligence and clinical negligence claims.

Despite the scheme being voluntary, as it stands, all NHS trusts in England, including both Foundation Trusts and Primary Care Trusts, are members. As a result, if you have experienced obstetric or maternity service negligence in an NHS hospital in England, it will fall to your birth injury lawyer to engage with the CNST.

The scheme is paid for by membership fees, which themselves are determined by a member's risk management standard or clinical negligence claims history.

Although CNST signed-up trusts remain the defendant during a negligence claim action, under the terms of membership rules, the NHS Litigation Authority assumes responsibility for dealing with the claim and paying any associated costs or fees.

All scheme members must be assessed by the CNST to establish the extent of their medical negligence risk. This assessment is based on seven major criteria: Learning from Experience; Response to Major Clinical Incidents; Advice and Consent; Health Records; Induction, Training and Competence; Implementation of Clinical Risk Management; Clinical Care.

Following assessment, trusts are graded depending on how well they come up to standards. There are three grades, level 1, 2 and 3, with 3 being the highest standard.

Trusts that record a level 3 grading are less likely to face clinical negligence action, and as a result save money on clinical negligence insurance premiums.

Making a birth injury claim
Never are families more in need of absolute minimum standards of clinical care than when a mother is ready to give birth to new life. There is no event more significant in a person's life.

For the most part, doctors and maternity staff will provide that care, ensuring the safe and negligence-free delivery of a new person.

However, in cases where hospitals fail to fulfill their basic obligations, care may be considered substandard or negligent. In such instances, affected families may need to seek some form of redress, whether by way of recognition or compensation.

YouClaim are ideally placed to help you if you find yourself in this difficult circumstance. We have birth injury lawyers working on our panel firms right across the country, all of who are nationally recognised as leading experts in the field.

All are governed by the Solicitors Regulation Authority (a branch of the Law Society), all have excellent success rates in dealing with this kind of litigation, and all ensure winning claimants receive 100 percent compensation.

Furthermore, all are committed to dealing with your case in a sensitive and honest nature, in plain English, free of legal jargon.

Contact us
To find out more about how our birth injury lawyers might be able to assist you in making a medical negligence claim, simply phone 0800 10 757 95, or fill out an online claim form.