Medical negligence increase
The NHS is soon to be the victim of endless lawsuits experts have stated. The government’s Public Accounts Committee has reported that outstanding medical negligence claims against the health service may reach a total of £2.8billion. The current amount though is more likely to be £3billion, these claims were made by Dr Gerald Panting, of the Medical Protection Society, given that the government’s figures are a year old.
Dr.Panting stated to BBC News Online: “When they did the same exercise in 1998, they came up with a figure of £2.3 billion. This means that there has been a more than 20% increase. Dr. Panting stated that both the numbers of claims against medical staff, and the amounts of cash awarded to claimants have increased over the past years.
The MPs, which insures that medical professions worldwide against being sued believe that there are a number of factors as to why there has been an increase in such claims. For one, it believes that the ‘blame culture’ in the Unites States of America, has swum across the pond, and influenced the British very quickly. In addition, it is now much easier for an individual on the street to seek out medico-legal advice, with many practices offering ‘no win no fee’ incentives package.
Dr. Panting reminds us that medical standards have increased and not decreased, and claims that doctors in Britain are “often under extreme pressure” and “often work beyond the times they are meant to.”
Dr. Tom Leigh, a senior medical claims handler for the Medical Defence Union, believes that the number of claims is actually levelling off; however, the amounts being claimed do continue to rise. The most current amount awarded to date has been £4.5 million. Dr. Leigh expressed that the total figures claimed from health professions could very possibly continue to rise. Dr. Leigh believes that this is because the amounts awarded are based on their value as an investment, and therefore, if the rate at which the invested award would grow was predicted low, then the amount awarded would be higher. The Court of Appeal is due to re-examine the kinds of amounts awarded as ‘general damages’, this too is likely to increase.
Figures published by the MDA indicate that medical negligence claims have increased in the Netherlands by 5% a year, whilst France is seeing a slow decrease in claims. Paul Balen, a medical negligence lawyer explains that the purpose of litigation was not to demoralise doctors, but to maintain a standard in the UK: “The problem with the whole process is that it is a disaster and litigation-led.” Balen continued: “Society is undoubtedly more litigious, but I do not think it is fair of doctors to claim that they are being hounded.”
Professor John Peysner, claimed medical negligence lawyers tended to feel that defensive medicine was the best medicine: “In the old days medicine used to be safe, but useless [...] Nowadays, it’s very complex and it’s dangerous. And as it gets more complex, the number of claims are going to increase.”
So are there any solutions to help decreasing claims? The health service are unable to afford to pay out large sums of money of compensations to patients. However, Professor Peysner believes that as the NHS becomes more experienced in lawsuits, then the better they will be able to handle it.
One solution though to improve this situation is to improve the risk management and assessment in order to prevent future problems. Also investigating methods of arbitration other than the courts could be a positive step for both patients and doctors. Professor Paysner believes that one area of ‘alternative dispute resolution’ known as the ‘clinical reaction protocol’ allows the complainant to share information with the health authority. The protocol could result in a solution being found, without referring to the usual legal process. This would mean that cases do not have to reach court.
This option which may mean less stress and frustration for both parties may be just what the doctored ordered.
Updated on 8/27/2008