In light of the BBC’s report on the £4.3bn NHS legal bill for fees relating to Clinical Negligence, we ask how this situation has arisen and how it could be improved.
This figure encompasses claims yet to be settled and a projection of estimated future claims, which the BBC obtained after a Freedom of Information request.
Every year the NHS receives 10,000 fresh claims against it every year, with the Department of Health stating that it will combat “the unsustainable rise in the cost of Clinical Negligence”.
A representative from the Association of Personal Injury Lawyers said that this state of affairs has come about because patients and relatives commonly find it difficult to receive satisfactory answers from medical authorities, then resorting to taking legal action as a final measure.
The patient wants to know where the system failed and to ensure that the same thing doesn’t happen to other service users.
How could the system be improved?
As the NHS grows in demand with each passing year, naturally budget and staff are further stretched. As there has been both a rise in demand and an increase in claims being made against it, it is clear to us that the system as it stands is in need of an overhaul.
Legal claims that are made as a last resort due to difficulty in obtaining information, could be nullified by reviewing how the body tackles complaints and requests.
By giving service users full transparency and proving that errors have been both recognised and amended in daily practice, these types of claims would reduce and save the NHS both time and future mistakes which may lead to legal action being pursued.
The system would still be in place to help those with genuine need of taking their matters further, but hopefully the number of people having to resort to this due to frustration would be minimalised.
Further reading
The current NHS complaints procedure can be read here.
Article by Stuart Jones
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