Clinical Negligence Claims Against NHS

07/09/2022

Following NHS Resolution’s (NHSR) annual accounts, it has been reported that just 2% of safety incidents involving patient harm result in a clinical negligence claim against the NHS. APIL’s (Association of Personal Injury Lawyers) analysis found that spending on clinical negligence claims currently represents 1.6% of NHS England’s annual budget. It is thought that this could rise to as much as 18.55% if the ‘administrative’ scheme for claims proposed by the Health and Social Care Committee were in place.

Last year saw a slight increase in claimant legal costs for clinical negligence claims. This is likely to be related to the rise in the number of claims settled by NHSR, more complex claims with higher damages, and recent expansions to NHSR’s remit, for example, its new scheme for GP claims. Despite these factors, claimant legal costs remain 5.3% below pre-pandemic levels.

What are patient safety incidents?

Patient safety incidents are any unintended or unexpected incident which could have, or did, lead to harm for one or more patients receiving healthcare. Seemingly trying to improve its reporting and investigation process, the NHS recently announced a new system for responding to patient safety incidents. The updated system is called the Patient Safety Incident Response Framework, demonstrating a “significant shift in how it responds to patient safety incidents”. There is an emphasis on (i) learning from mistakes; and (ii) improving patient safety. However, time will tell whether the new system will substantially affect improved patient safety and allow victims of medical and patient care errors to resolve cases satisfactorily.

Proposed Costs Reforms

In its response to the Department of Health and Social Care (DHSC) consultation on a fixed process for lower value claims, with legal costs for each stage, the Association of Personal Injury Lawyers (APIL) set out some grave reservations, which include concerns regarding vulnerable injured patients, who lack the capacity to bring their own claims, stating that the pared down process would be unfair and inconsistent. APIL executive committee member Suzanne Trask said:

 “Additional work is required to help people without the capacity to manage their own claims and it is extremely difficult to anticipate the amount of extra time and work required,” 

“And cases where patients have died at the hands of the NHS certainly need more time and greater sensitivity than is afforded by this scheme”.

APIL has also criticised the proposed limits on costs available to pay for representation for injured patients under the new system, and the ethos behind the changes. Ms Task explained

“In the main, a streamlined two track approach to clinical negligence cases with a value of up to £25,000 has merit. But the costs have been proposed by the defendants, in a breathtaking display of self-interest, putting unfair restrictions on patients, bereaved families, and their representatives,” said Ms Trask. “The proposed fees need to be looked at again, urgently.”

“In its obsession with the financial cost of clinical negligence to the NHS, the Government repeatedly fails to recognise that the NHS’s negligence is the reason why patients must claim compensation for their injuries. Yet again, any effort to tackle that problem is conspicuously absent from this consultation.” she said. 

• The Department of Health and Social Care consultation Fixed recoverable costs in lower value clinical negligence claims closed on 24 April 2022 https://www.gov.uk/government/consultations/fixed-recoverable-costs-in-lower-value-clinical-negligence-claims
• Find APIL’s full response here: https://apil.org.uk/consultations-and-apil-responses

Specialist Medical Negligence Lawyers Bolton

If you or a loved one have been the victim of a patient safety or medical negligence incident, our specialist medical negligence solicitors can help you. Our highly experienced lawyers can offer advice and guidance on patient safety incident investigations and medical negligence compensation claims. Please call us today 0800 731 7555 or make an online enquiry.

Visit one of our Personal Injury Advice Clinics

If you are seeking legal advice about a patient safety incident that resulted in injury or the death of a loved one, or would like to know more information about the process of making a claim, drop into our personal injury clinics: 

• Wednesdays from 10pm - 12pm at our Farnworth office: 86 Market St Farnworth Bolton BL4 7NY 
• Wednesdays from 3pm – 5pm at our Newport office: 39 Newport Street, Bolton, BL1 1NE 
• Thursday from 10am – 12pm at our Middleton office: Colmar House, Middleton Gardens, Middleton M24 4DB 
• Fridays from 10am -12pm at our Atherton office: 43 Market Street, Atherton, Manchester, M46 0GQ