If Medical Mistakes Are Made, It Is Only Right That Compensation is Paid.

Posted on January 27, 2012 by admin

There has been a rise in payouts in connection with Medical Negligence claims – this rise is often blamed on Claimant Lawyers acting under a no win no fee agreement….but how often are fees increased because the lawyers acting for the NHS refuse to accept liability for years and defend and an indefensible claim?

How often do defendant lawyers refuse to pay out early and therefore drag the claim on for years, increasing legal fees on both sides?

It is always Claimant’s lawyers that get bad press – has anyone ever stopped to look at the conduct of defendant lawyers or the NHSLA who refuse to settle cases early thereby increasing legal fees unnecessarily?

Medical Negligence Claims against NHS bodies went up in the last five years from 6,652 to 8,655.

The NHS Litigation Authority handles medical negligence claims made against NHS bodies inEngland. 

Health Minister Lord Howe said: “If patients do not receive the treatment they should and mistakes are made, it is right that they are entitled to compensation and the NHS Litigation Authority plays a vital role in ensuring that claims are settled as swiftly as possible” He went on to say:  “Following a review of claims, we have made additional funds available to the NHS Litigation Authority in order to make sure those claimants who are entitled to compensation receive it in a timely way. We want to strike the right balance between access to compensation claims and ensuring that costs are proportionate, sustainable and affordable.”

Lord Wigley said words to the effect of:

‘Many people involved in cases arising from Medical Negligence by a public authority are among the most destitute. These cases will frequently involve parents or other family members bringing cases against public authorities as a result of traumatic injuries sustained by their children or other relatives. Considering the inequality of arms that inevitably arises, having access to expert reports is vital’.

What is perhaps most distressing in cases centering on charges of medical negligence is that individuals will come up against the state, with its teams of lawyers, during proceedings. Never is an inequality of arms more blatant than in those situations.

According to the Department of Health, claims have increased in recent years.  An increase in costs is not necessarily due to an increase in claims, rather it is due to a number of factors: cases run under no win no fee agreements; the increasing survival rates of brain-damaged babies owing to advances in medical expertise; the increased cost of caring around the clock for brain damaged babies who survive. Compensation claims for children with brain damage can often be as high as £6m to cover the lifetime costs.

Success in a Medical Negligence claims depend on the skill and expertise of your legal team and your medical experts.  It is vital to use lawyers with experience of handling the NHS; lawyers who are not afraid to stand up to the NHS and its legal team.