NHS Compensation Claims
Warning over NHS compensation ads fuels confusion
Leaflets handed out in hospitals in Wales have caused a furore after government Health Minister Edwina Hart labelled them as 'highly inappropriate' and ordered the trusts to stop issuing them to patients and relatives.
The leaflets at the centre of the row include advertisements offering help to patients wishing to claim compensation for a variety of trips, falls, road accidents and accidents at work. Minister Hart has written to all NHS trusts about the situation but is said to be 'disappointed' that the adverts from personal injury law firms were still being included in leaflets distributed at Cardiff's University Hospital of Wales. Cardiff and Vale NHS Trust has said that the leaflets were distributed by mistake.
The adverts carried on the leaflets featured details of a company that provided assistance in claiming compensation for a range of personal injuries and it is understood that the adverts were used to subsidise the cost of patient information leaflets. But Minister Hart believes that the practice could potentially "lead to claims against hospitals and encourage a compensation culture". The Trust has responded by withdrawing the leaflets, although a few remain in circulation.
So does the inclusion of advertising by compensation claims specialists on NHS patient leaflets represent a conflict of interests? Some experts think that the entire situation is a storm in a teacup, while others see it as a major problem. "Personally I am not a fan of advertising in such a blatant fashion. I believe that you have to strike a balance. I want people to find us when they need help but I dont want to annoy people by being found advertising in inappropriate places," says Nicholas Jervis, managing director of claims specialist solicitors 1stClaims. "I think the trouble here is that the NHS has tried to save some money by subsidising the production costs of the leaflets with advertising without perhaps thinking it through fully," he says. The Claims Standards Council has also warned that NHS trusts could be forced to pay compensation for breaching contracts if Minister Hart pursues a ban on such adverts, and this could cost the health service a potential £1million as a result. "This really is a case of money being side-tracked to pay off legal bills and pointless penalties on breach of contract that could be far better utilised within the trust itself treating patients," says Nicholas.
The Claims Standards Council has now written to Minister Hart, demanding that she withdraw the directives and has accused her of 'breathtaking ignorance' on the issue. "Everyone has the right to access fair legal representation and the major issue is how that representation is publicised. I am not sure that the minister can control that part but I understand why she should want to. Claims companies and solicitors have bad enough press already when all they are ultimately doing is obtaining compensation for innocent victims, so this sort of publicity does not help anyone," he adds.
Minister Hart has received some support from Plaid Cymru politicians, who question the appropriateness of compensation firms advertising on hospital literature, but the overwhelming majority of commentators have condemned Minister Hart's actions as badly conceived and high handed. "The issue here isn't about how compensation specialists promote their services, but who has the right to say when and where those adverts should be displayed," says Nicholas. "I don't think that simply by having these advertisements more people will claim than otherwise would do. In fact in my experience in speaking with many solicitors that have advertised in hospitals the results have always been very poor. I think this is because whilst the patient is in hospital they are concentrating on getting better. They often do not think about making a claim for compensation until they return home and realise what an impact their injuries have had on them," he adds. "Ultimately what should be at the top of everyone's concerns, from mine to the NHS and Government Ministers is preventing accidents whenever possible, whether on NHS premises or anywhere," he concludes.
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