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GP Medical negligence claims up by 20% in a year
GP Medical negligence claims up by 20% in a year
The Medical Defence Union (MDU) has revealed that, in 2010, the “most marked rise” in compensation claims levied against the NHS concerned GPs. Compared with the figures released for 1995, the increase in claims against GPs has risen by 20%, at a cost to the taxpayer of around £1million per case.
Compensation and confidentiality
In 1995, there was one case launched against a GP. In 2010, the figure had increased to around 13. It is impossible to be more specific, as the MDU has stated that it cannot reveal the full number of cases reviewed, due to commercial confidentiality.
From the known cases, it has been stated that 60% of cases concerned late or incorrect diagnoses, 15% revolved around failure to implement referrals to specialists and 10% were due to errors in medication. Official figures show that, taking into account that there were a total of 6,552 cases launched at the NHS last year, the total cost of compensation payouts made in that time totalled an estimated £15billion. While the payouts made from cases involving GPs only accounted for a fraction of that fee, the rise is significant enough to warrant concern.
Jill Harding, Head of Claims at the MDU, believes that the rise may not be solely due to wavering standards within the NHS. She says that; “a factor in this increase may be the availability of ‘no-win no-fee’ agreements which enable claimants to litigate with no financial risk. The current difficult economic times may also be a factor.”
Insult to injury?
Nicolas Jervis, managing director of personal injury specialists 1stClaims, takes issue with some of what Jill has to say. He says that; “to suggest that the increase in compensation claims is down to the current financial climate is insulting to those claimants whose lives have been changed for the worse as the result of medical malpractice. While any legal system is open to abuse, no-win no-fee agreements give avenues of justice to those who simply could not afford it otherwise. These victims have just as much right to seek compensation, regardless of their financial circumstances. Without no-win no-fee agreements, I suspect the figures for compensation claims would be much lower but there would be many more victims suffering in silence.”
He also emphasises the duty of care responsibilities of all medical professionals. “At the end of the day, a medical professional has a legal of duty of care to his or her patient. If that duty of care is not fulfilled and someone receives an injury or dies directly as a result; the professional or medical body involved must be held accountable.”
Niclolas’ belief seems to be borne out by the fact that the MDU are refusing to reveal the total number of case files they have reviewed in this instance. Possibly, the figures we are party to are just the tip of the iceberg and a hidden indicator of a much more alarming picture. As Nicolas says, any legal system is open to abuse but, until all the facts are released, it is difficult to say exactly where the blame lies.
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