Clinical Negligence and the NHS, 2016 - 2017
In a year when dramatic changes have taken place in clinical negligence and more have been proposed, the NHS has recently issued its Annual Report for the year 2016 - 2017.
The relevant numbers
According to the report, the NHS settled 17,338 claims against them in the period 2016 - 2017. In over half of these, being 9,675, damages were eventually awarded to the claimant. In approximately one third, it was necessary for the claimant to issue court proceedings before settlement was agreed, although, in the vast majority of cases, this ultimately led to a payment of compensation.
Clinical negligence compensation payments to injured parties during 2016 - 17 amounted to £1,083 million.
Over the same time period, a further 10,686 new claims - both clinical and non-clinical - were reported against the NHS.
Areas of specialty
Half of the claims received over this period in terms of value related to obstetric injuries.
Obstetric claims, along with orthopaedic claims and A&E claims amount to 35% of all new claims in terms of numbers.
However, there have also been record numbers of what are termed 'never events' such as wrong site surgery and surgical instruments or a swab being left inside the patient after an operation.
Changes and new proposals
The Discount Rate
One dramatic change introduced by the Lord Chancellor in February of this year was a significant reduction of the discount rate which is used to counter-balance the possible impact of claimants accruing interest if they invest their compensation payments.
The outcome of this is a likely considerable increase in the amount of many compensation awards.
Fixed Recoverable Costs
There has long been criticism of the costs involved in pursuing medical negligence claims and this year has also seen a government consultation around plans to introduce fixed recoverable costs for cases with a value of less than £25,000.
Lord Justice Jackson has also undertaken a review of issues relevant to the costs of civil litigation and has proposed the introduction of fixed recoverable costs for all cases with a value of less than £25,000 with an acknowledgement that clinical negligence cases are complex and lengthy and require special attention.
Rapid Resolution and Redress
The Department of Health has proposed a new scheme for claimants where brain injury has occurred during childbirth. This proposal is intended to speed up the process of investigating and resolving incidents in order to improve the experience for families and for the NHHS to learn from those incidents.
This proposal has been criticised for lack of independence, insufficient legal support to families and likely reduction in compensation payments as a result.
Medical Negligence
If you have been the victim of substandard medical treatment, you may be able to make a claim for compensation. Glynns Solicitors is a specialist medical negligence practice. Contact us to discuss your case with an experienced solicitor.
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