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NHS Compensation Claims

One Simple Mistake Costs NHS Half a Million Pounds in Compensation

A recent study of negligence claims made against doctors has shown a marked rise in the size of NHS compensation claims made in England and Wales. The Medical Protection Society (MPS) is a body that handles clinical negligence claims made against GPs and private doctors. According to their report, the total value of unsettled claims rose by 40% in 2009.

The report shows that the most costly claims are those involving serious neurological damage. In comparison with 2008, the value of the top 20 outstanding clinical negligence claims was 60% higher in 2009. In addition, the total value of the top four clinical negligence claims made against doctors in 2009 was double the combined value of the top four claims outstanding in 2008. A significant factor in explaining the substantial increases in compensation claim values was the increase in the costs of providing lifetime care for those who had suffered serious injury. In addition, the rise in claimant’s legal costs has had a profound effect on the sums paid out to claimants. These costs increase annually and increase the amount that is finally made in compensation. In 2009 the MPS settled a clinical negligence claim against a doctor at a compensation payment of �£1,750. However, they also had to pay the claimant’s legal fees, which resulted in a bill of �£20,500.

Settling earlier could have saved thousands in NHS Compensation Claims

Ian Wordsworth has provided an example of all these factors at work. In 2005, he was admitted to Rotherham District Hospital with a heart complaint. As part of his treatment he was administered a dose of the antibiotic Gentamicin. However, through an error, Mr. Wordsworth was given twice the dosage that is considered to be safe for this particular complaint and as a direct result of that error Mr. Wordsworth has been left with a condition called Ototoxicity. Ototoxicity is a toxic reaction to the structures of the inner ear. In Mr. Wordsworth, the symptoms manifested themselves as being similar to those of extreme drunkenness. He has balance problems, experiences dizziness that causes him to stagger and has double vision. As a result of the drug dosage, he is unable to work and cannot leave the house without the aid of his wife or children.

The NHS contested Mr. Wordsworth’s claim, which was launched in 2006. Four years later the case was settled and compensation agreed. However, due to the incremental increases in claimant’s legal costs, he has finally been awarded �£575,000 in compensation. An earlier settlement would have greatly reduced the cost to the MPS and caused Mr. Wordsworth much less financial inconvenience.

Chief Executive of MPS, 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.” 1stClaims Managing Director Nicholas Jervis believes that if more money was spent on implementing safety checks this would ensure that basic mistakes were not repeatedly made which would save thousands of pounds in NHS compensation claims. The focus should be on prevention not clearing up after the event of negligence.

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