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Should Medical Negligence Victims Receive All Of Their Compensation?

Perceived flaws in England’s legal system are being highlighted in a move by the Irish Working Group on Medical Negligence and Periodic Payments. The Working Group has set out proposals that all victims should be paid as part of a periodic payment scheme (PPO), rather than the lump sum offered by the current system. They believe that the current system is inadequate and inappropriate, but which is the better option?

The Current Legislation

Current English law offers a lump sum to a person who has been injured through the negligence of medical professionals. In neglecting their duty of care, these professionals may be responsible for an injury or condition that demands significant and ongoing medical care, treatment and medication and the use of aids and appliances. In assessing just how much is to be awarded to a victim, legal representatives for both the plaintiff and the defendant are asked to commission reports on the probable cost of care per annum. In addition, both parties are asked to commission a report on the victim’s estimated life expectancy. The resulting figures are then presented to financial experts who calculate a lump sum that is designed to cover the victim’s costs for the remainder of his life.

However, problems arise due to the fact that no one can be certain just how long someone is going to live. While most guesses in this situation will be educated ones, there can be no absolute guarantee that a victim will not live for a longer or shorter period of time than the life expectancy determined by professionals. Should the victim live longer than is predicted then there is the very real possibility that the lump sum will run out. Conversely, should they die before their predicted time, the money is then passed onto the victim’s heirs.

Paying By Instalments

Using PPO, the payments are made in instalments so that the victim’s needs are always met, but there is no need to consider whether he will fulfil his life expectancy or not. Variations of the PPO can also be factored into the initial assessments, such as taking into account situations where the victim’s condition may deteriorate significantly and could require extra treatment. While this in itself could help spread the cost for medical institutions, it could also be used to ensure that no more money is spent than is necessary; compensation need not be passed on to a victim’s heirs, unless that is an original condition of the payment scheme.

The number of compensation claims for medical negligence has increased dramatically in England over the last five years. The potential to make payments in instalments is likely to have a massive appeal for NHS Trust executives, but it is also likely to offer better and more enduring protection for victims. If the Working Group see their proposals realised as law - which could happen by the end of 2010 - then the scheme will be closely scrutinised by legal professionals in the NHS to determine just what are the pitfalls and what are the advantages of this proposal in the long-term.

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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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