Profiles

Claims against NHS up 18% and expected to soar

Stethoscope-2Government figures published in May show a dramatic increase in the number of medical negligence claims being made against the NHS and the health sector. According to statistics compiled by the Compensation Recovery Unit of the DWP the number of cases brought against the health sector in the year to March increased by 18% from 13,517 to 16,006.

Ian Pryer, senior partner at medical negligence solicitors Axiclaim, says NHS hospitals must now brace themselves for an “explosion” in medical negligence claims. In the wake of the Mid-Staffs hospital scandal, he believes publication of the Francis report has removed a mental barrier many victims may have had about claiming against the NHS.

“In the past, victims of medical accidents often had moral reservations about claiming against the NHS, despite having clearly suffered extreme negligence in some cases,” said Mr Pryer, “but the shocking findings of the Francis report have now made hospitals fair game in the eyes of the public. We expect to see an explosion in the number of victims coming forward at Axiclaim.

“The Mid-Staffs report makes it clear that there was a culture of not just negligent but criminal lack of care. The fall-out from the Mid-Staffs enquiry will be felt in the courts for the next decade.”

The public enquiry found that at least 1,200 patients had died needlessly due to poor care and mismanagement at the Stafford hospital.

The Compensation Recovery Unit is responsible for recovering outlay by the DWP which is then recoverable from compensation paid by insurance companies. The unit recovered £14.8m in total last year, compared with £13.9m the year before.

Battle lines are already being drawn for the expected avalanche of cases. According to the Law Society Gazette, personal injury lawyers that have been displaced civil justice reforms may be moving into the field of clinical negligence.

Meanwhile, the Department of Health has announced the panel of firms that will act for it over the next four years. The contract is estimated to be worth about £400m, of which around £320m is thought to be on the clinical negligence side.

Catherine Dixon, chief executive of the NHS Litigation Authority, said: “We’re delighted to have secured what I am confident will be excellent quality legal services for the NHS at a price which ensures value for money.”