Potential Clinical Negligence legal reforms

An MP Committee is currently calling for the legal system in which clinical negligence actions are pursued to be reformed.

The main three changes they are advocating for are:

1. Instead of pursuing a clinical negligence action by way of litigation, an independent administrative body (or ‘no fault’ system) should be formed to investigate cases and determine compensation as a mandatory first port of call.
2. Access to compensation should be on agreement that correct procedures were not followed and the system failed to perform, rather than having to meet the threshold of clinical negligence.
3. Compensation should not be based on the assumption care will be provided privately, instead to top up care through the NHS. Loss of earning claims relating to Claimant’s under 18 in the meantime should not be possible.

Since this, the Association of Personal Injury Lawyers (APIL) have advised they consider if the above was implemented, the reforms would be unfair to injured parties.

Suzanne Trask from APIL has stated:

“Subjecting vulnerable injured patients, who lack the capacity to bring their own claims, to this pared down process is unfair and inconsistent… And cases where patients have died at the hands of the NHS certainly need more time and greater sensitivity than is afforded by this scheme”.

Meanwhile, Guy Forster also from APIL has said:

The above “would create a huge increase in the number of claims against the NHS. The only way that would be sustainable would be to reduce dramatically the level of damages people would be able to claim. That would undermine the principle of full and fair compensation for people who are injured through the negligence of others and that is completely unacceptable.

It is naïve, in the extreme, to suggest that our already over-burdened NHS and social care system is capable of providing the care these patients need”

Here at Oakwood, we also have reservations regarding the above suggested reforms being implemented. We pride ourselves on client care and ensuring the best outcome for our clients, who our are priority.

We fear the new system would lack these important qualities, which are a priority given the often sad circumstances surrounding a clinical negligence claim.

Further reading

Medical Negligence Claims – Oakwood Solicitors

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