Record Bill For Medical Negligence Claims - Is It A Sign Of A More Worrying Underlying Problem?

According to figures released by the Scottish Government, the bill for people suing NHS Scotland has achieved a record high. Currently standing at 1.27million pounds, the figure is expected to total 2.5million pounds by the time the financial year is over. The Tory Justice Spokesman John Lamont said that, if the demand for legal aid to sue the NHS continues on its trajectory, "we're looking at more than 6million pounds next year and over 15million pounds the year after that." However, despite Scotland's plight, these figures are a minor sum compared to the compensation payouts chalked up by the NHS as a whole. The fact that more people are seeking to sue the NHS surely hints at a more worrying underlying problem.

Rising cpsts of medical negligence claims

The Medical Protection Society has said that action must be taken to tackle excessive medical negligence claims, after a report by the NHS Litigation Authority revealed that it expects to pay out an estimated 15billion pounds over the next ten years. This figure is 3billion pounds more than was anticipated in 2008. In direct correlation with the rise in compensation claim settlements, the number of compensation claims has also increased to 6,652 in 2010. This figure is a 10% increase on those released by the Litigation Authority for 2009.

While the amount of money being used to settle compensation claims is alarming enough, should the public be more concerned that incidences of medical negligence are on the increase? Tony Mason, the Chief Executive of the MPS, believes that there are other factors to be taken into consideration when studying the data. He suggests that: "in the last 12 months MPS has settled its four highest-value claims; the highest costing over 8million pounds. Increased life expectancy and the cost of care packages are significant factors, but so too are high legal costs. Every year we have seen a significant increase in legal costs. It is not unusual for claimant's legal costs to exceed compensation payouts in clinical negligence cases. In some lower-value cases we see costs of five to ten times the value of the compensation awarded. Patients deserve fair compensation, but we must do something to stem the tide of excessive legal costs."

Basic safety checks could bring down costs

Critics of the NHS argue that costs could be brought down if a series of basic safety checks and procedures were implemented in hospitals across the country. While local NHS authorities are able to make recommendations, there is no standard procedure available to medical staff as standard practice. In addition, it is argued that clinical negligence cases should be settled as soon as possible to avoid incurring incremental legal costs. Tony Mason said: "The rise in claimant legal costs continues unabated. It is not unusual for claimant legal costs to grossly exceed compensation payouts. In some lower value cases we have seen claimant legal costs in excess of ten times the value of the compensation award. We believe something must be done to stem the tide of unsustainable legal costs and would like to see the reforms recommended by Lord Justice Jackson taken forward."