NHS Litigation Authority (NHSLA) figures indicating that both the number and value of clinical negligence claims are still rising while clinicians continue to ignore Medical Defence Union (MDU) and NHSLA advice to apologise for their errors are revealed today in a new report published by Penningtons Solicitors LLP.
Penningtons’ first annual review of the clinical negligence marketplace provides an analysis of the key trends in 2009, guidance on landmark legal developments, and expert insight into some of the topical clinical negligence issues such as legal costs, the growth of periodical payments, and the ability to claim in full for private care.
Since 2007 the number of clinical negligence claims made against the NHS has risen by 12.2% to 6,088 in 2009 while the value of damages payments made by the NHSLA in 2009 was £769.2 million, a 21% increase on the 2008 sum of £633.3 million. The NHSLA estimates that it has further potential liabilities of over £13.3 billion.
The clinical specialties that have attracted the highest number of claims to date are surgery (20,061), obstetrics and gynaecology (10,568), and medicine (9,066). The damages paid out to obstetrics and gynaecology claims are the highest amounting to more than £270 million in 2008/09 and over £3.7 billion to date.
Penningtons’ own research into clinical negligence claims suggests that, contrary to the guidance issued by the NHSLA and MDU which encourages clinicians to apologise for errors, admissions or apologies are not being made in the majority of cases even though an early apology can reduce the chances of being sued.
Philippa Luscombe, Penningtons’ clinical negligence partner and co-author of the report, says: “While claimants’ solicitors are continually being criticised about their fees, it is clear from both the NHSLA and our own research that the NHS could avoid a great deal of litigation and cost if it adopted a rigorous policy of early apology.
“Why is sorry still the hardest word for clinicians when many potential claimants would probably not sue if they received a quick, sincere and full apology? When patients are made to feel that their errors are being taken seriously and changes are being made to prevent repetition, they often drop their claim. The belief that a patient’s death or injury has not been in vain and that some good will come out of it for others has a powerful effect on loved ones.”
Penningtons’ analysis of 85 clinical negligence cases that hit the headlines during 2009 revealed that the average value of damages paid out for successful claims was £1.35 million and took 6.4 years to settle.
Commenting on the length of time taken to settle many cases, Alison Appelboam-Meadows, Penningtons’ clinical negligence partner and report co-author, says: “All parties would benefit if the process was accelerated. Early admissions of liability by the NHSLA when defences clearly cannot be maintained together with greater attempts to settle cases as soon as is realistically possible would result in the treating NHS Trusts avoiding a great deal of litigation and cost and claimants being spared the prolonged suffering and stress of pursuing their case.”
Copies of the 20 page Clinical Negligence Annual Review 2009 can be downloaded from Penningtons’ website by clicking here>>. The Penningtons’ analysis of the implications of the recently published Jackson Report can also be downloaded from our website by clicking here>>.
For further information, please contact Caroline Ainsworth on 020 7457 3000.