There has been much publicity lately in various media outlets such as the BBC concerning the high costs which have to be paid by the NHS in medical negligence claims as well as the large damages awarded in some such cases. As is often the case in such news items little if any comment is sought from the Claimants themselves who have been damaged by the NHS and their lawyers. A more balanced view of these claims would have been achieved had organisations like the Law Society or the Association for Personal Injury Lawyers been invited to comment. They would have pointed out that enormous amounts of costs are wasted by those representing the NHS in these claims because they fail to properly investigate at an early stage and, where appropriate, make the earliest possible admissions of blame and offers in settlement. Far too often such cases reach a stage very late in proceedings; some even reaching trial, before a realistic view is taken and offers are made which settle the case. By that stage hundreds of thousands of pounds worth of costs are often completely wasted. In addition procedures have been set up in Wales, with the English NHS considering similar schemes, to investigate complaints at an early stage with a view to learning any lessons from mistakes which may have been made, making early apologies to the victims of such mistakes and, if appropriate, paying damages. Unfortunately there are very often unacceptable delays, some of them very long, in dealing with complaints and concerns raised which make the system less attractive and can even increase costs if at the end of it proceedings are then needed.
It is also essential to understand that you cannot bring a claim for damages simply because there has been a “mistake”. The law is quite forgiving when it comes to the standards required of doctors. You have to prove that they have been “negligent” and if even a significant minority of doctors would have done the same thing you fail to prove “negligence”. The hurdle you have to get over is quite high and in favour of the doctors.
In short, don’t believe everything you hear in the media about medical negligence claims and their costs without hearing both sides of the argument in a balanced way. If you, or a loved one, have received treatment which you consider may have injured or harmed them significantly due to negligence seek advice from a specialist clinical negligence solicitor who is a member of the Law Society Clinical Negligence Specialist Panel.