Claims by patients against the NHS for medical negligence are on the rise according to the latest figures released by the NHS Litigation Authority (NHSLA).
The organisation, which manages negligence and other claims against the NHS in England, has revealed there were 11,945 new claims in 2013/2014 compared to 10,129 for the previous period. Claims still awaiting a final outcome together with new claims totalled 28,029 as of March 2014 and the average claim is taking approximately 1.26 years to be settled.
Since April 1995, when the NHS LA began collecting information, surgery is by far the biggest area for medical negligence claims with 37,528 followed by obstetrics and gynaecology where there are 18,132 recorded cases. However, when it comes to the value of claims paid out, it is obstetrics and gynaecology which comes out top with £7,995,414 and surgery is next with figures of £3,742,480.
Also included in its figures are the amounts it has paid out during the last 12 months while dealing with NHS claims that have been settled during this period. Its clinical negligence scheme for trusts, which is funded completely by the NHA LA, came to £262,741,952 including costs to defence lawyers. Department of Health claims totalled £12,802,915 and payments to the existing liability scheme (ELS) which looks after claims started before 1995 were £9,398,759, which again include payments to cover legal expenses. The total amount paid out comes to £284,943,926.
In addition, the NHS revealed it was to settle 40,000 outstanding care claims before the end of this financial year at a cost of £250 million, which has been set aside by NHS England.
Just over £44 million has been paid out to 691 patients who have experienced misdiagnosis of cancer over the last eight years. The average payout was £65,000 but some patients have received almost £1 million. Reasons why compensation was awarded include doctors failing to spot signs of the disease, tissue samples getting mixed up, patients being incorrectly given the all-clear and tests being delayed due to staff and equipment shortages.
Health Minister Daniel Poulteral also disclosed the NHS had given payments in the region of £94 million over the past decade to mothers who had given birth to disabled children and had not been warned by doctors of the risks.
Some local NHS trusts and hospitals have reported increases in medical negligence claims over the last few years, and many patients are making claims against individual professionals, including those who work at private health care providers. These claims are not included in the NHS LA figures and are not covered by its indemnity scheme.
In January 2014, it was suggested by health secretary Jeremy Hunt the amount paid out by the NHS in compensation could be slashed by apologising to customers and mounting strong defence cases in court after the NHS LA revealed more than half of its cases are dismissed “without merit.”
If you have been affected by medical negligence, call our specialist team on 0800 028 2060 or visit our dedicated website here.