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1.1 Defcare Liability Module


The Defcare 'Liability Module' aids decision-making in liability cases. This interactive computer software is a case investigation guide for Delegates, which at the time of writing, deals only with post-1 December 1988 cases. The decision recommended by the Liability Module is heavily dependent on the quality of your input to it. The Liability Module is in the form of an electronic questionnaire and some questions will involve you in considerable research and close judgements. For this reason, Defcare contains a full 'Commentary' which explains the background and content of the questions posed by Defcare. This Commentary has the force of policy. Use of the Defcare 'Liability Module' when determining liability for post-1988 injuries is a mandatory procedure, and failure to run the Liability Module represents an error for Quality Assurance purposes.

Although its use is mandatory, the Liability Module does not cover every single eventuality, and does not remove your responsibilities and discretion as Delegate. The Liability Module remains an aid only (albeit a very strong and accurate aid), and it is possible to over-ride its conclusions. However, it must be said that such an action would be very rare. If you choose to over-ride, you must have a very good reason indeed, and record this reason in detail both in the place provided on Defcare and on the client file.