Clinical Negligence Claims Double In A Year

For the first time, the annual medical negligence bill for compensation claims by the NHS has totalled more than 1billion pounds. Figures released by the NHS Litigation Authority revealed that the cost to the NHS for settling cases of medical negligence had risen in the year from 2010 to 2011 by more than 30% from 772 million pounds when compared with the year before. Speculation is rife as to whether this is because there are an increasing number of cases being brought against the NHS, or whether there are an increasing number of successes amongst existing cases.

What Defines Medical Negligence?

When a patient submits themselves to the care of a medical professional, that professional has a legal obligation to their patient to provide them with the best care possible. This includes adhering to certain codes of practice, techniques and strategies laid out by the medical organisation in charge. If the patient is injured or dies as a direct result of that duty of care being ignored or not adhered to, then the patient has a right to sue for medical negligence and seek recompense for their injuries. In the event of patient death, that right can be picked up by relatives.

Unfortunately, medical negligence can be very difficult to prove. The burden of proof lies on the victim to show, beyond reasonable doubt, that their injuries were sustained as a direct result of the duty of care not being adhered to. Because of the legal complexities involved, launching a medical negligence claim can be a very costly procedure and this is part of the reason that the figures for NHS payouts are so high. In the event that the NHS loses a case, they will have to pay for the claimants legal costs in addition to the sum of compensation agreed by the court.

A Costly Business

The sums paid out to victims can also be extremely high. The NHS Litigation Authority estimates that around 50% of all medical negligence cases are launched as the result of negligence during births. If the child in question is injured as the result of a preventable mistake, the resulting damage can have a significant impact on that child's life. In assessing the sums paid out, courts will consult with independent medical experts to assess what care is needed for that child and for how long. In some cases, these figures have been in excess of 1million pounds.

In the year 2008 to 2009, there were an estimated 3,100 claims made against the NHS. The average sum received by the victims or their families was 71,137 pounds. In the year 2010 to 2011, there were 5,309 claims with an average payout of 94, 976 pounds per case. Government ministers are proposing to cut Legal Aid from those seeking to launch medical negligence claims in an effort to cut back the UK's public legal bill. However, the charity Action against Medical Accidents argues that, while it may serve to reduce the cost of public litigation, the NHS will lose valuable data that will prevent it from repeating mistakes in the future.