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Medical Negligence Compensation Claims On The Increase?

Are NHS cuts starting to influence the numbers?

Budget cuts in the NHS and other public services are rarely out of the headlines these days, with much of the talk being about jobs that are being lost or may be lost. But there may be other, even more serious consequences as the government tries to plug the budget deficit with money from public services.

Some in the medical profession have expressed concern that budget cuts are already beginning to have a negative influence on the quality of patient care, and the number of medical negligence claims brought against the NHS.

At the end of last year, as the cuts began to bite, Dr Brian Keighley, chairman of the British Medical Association (BMA) in Scotland, said that: “The NHS is nothing without its staff, and a service that is only being held together by goodwill and the underpaid overtime worked by hard-pressed nurses and demoralised doctors is inevitably going to struggle to maintain the quality that our patients rightly deserve.”

NHS Authority Reports Medical Negligence Claims Are Up

Last month, figures from the NHS Litigation Authority (NHSLA), which handles medical negligence claims brought against the health service, could be interpreted as confirming these fears and those of many others.

The NHSLA’s annual report for 2010- 2011 showed that the number of new clinical claims for medical negligence had risen by almost 30% in a year, with 8,665 being made, compared to 6,652 the previous year. The Litigation Authority’s statistics show that between 2005 and 2008 the number of new claims made each year was relatively stable, but since then they have been steadily rising year on year. 2010/11 though shows by far the steepest increase recorded in the past six years, with approximately 2,000 more new claims than the previous year, and over 3,000 more than was the case in 2007/08.

The total amount of expenditure paid out by the NHS in the past year for claims (both clinical and non-clinical) is £863m, an increase of almost £80m on the previous year.

What Has Triggered The Increase In Megligence Negligence Compensation Claims?

However, the NHSLA suggests in its report that these startling figures are due to faults within the compensation system, rather than any substantial increase in incidences of medical negligence. The Authority’s Chief Executive, Steve Walker, commented in the report that: “We believe very strongly that a regime which allows success fees and the recoverability of After the Event (ATE) insurance premiums makes litigation so profitable that solicitors and so-called ‘claims farmers’ are drawn into the market, thereby fuelling the rise in claims volumes we have experienced.”

But many are unconvinced, and medical bodies have been quick to point out that cuts in jobs and services within the NHS are likely to result in a greater risk of medical negligence. As early as last year, Dr. Hamish Meldrum, chairman of the BMA, warned that cuts were being made in a “haphazard” way that could be damaging to levels of patient care. He told the BMA annual conference that: “Despite the government's best assurances that front-line services will be protected, our data shows that cuts are already being planned or becoming a reality and that these will have an impact on doctors' ability to care for patients.”

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FREE GUIDE - 7 Questions You Must Ask Before Choosing Your Medical Negligence Solicitor

If you believe you have been the victim of an act of medical or clinical negligence you need our free guide which answers all of the questions that you need answers to before deciding to make a claim, including:

• What are the costs of making a claim for compensation
• The reasons you should or should not make a claim, including protecting other patients
• Whether using a solicitor or a claims company will make a difference to the success of your claim
• The questions you must ask to ensure you choose the right person to help you with your claim

Before you take any further action, take five minutes to read our free guide so that when you do pick up the telephone or fill in an online enquiry form, you know exactly the questions you need to ask to find the right medical negligence claim solicitor for you.

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