Important points missed by Clarke
March 29, 2011
Posted by:Caroline Klage
I have read Suzanne Trask's blog with interest. She states:
"If we are to move forward to consider the most appropriate way of funding clinical negligence claims, we should first begin with a firm grasp of the current position using up to date and correct figures. In addition to this, I hope that the NHS and other treatment providers are considering methods to prevent such negligence occurring in the first place, saving lives, injuries and costs."
I am becoming increasingly frustrated by the negative image of medical negligence solicitors that is being painted by Kenneth Clarke. We stand accused of costing the NHS millions and of diverting a large proportion of the NHS budget away from treatment.
There are several important points to be made here, which I feel have been deliberately missed by Mr Clarke:
1. People who make medical negligence claims have often suffered life-changing injuries as a result of terrible mistakes that have been made by their treating clinicians. Their futures and those of their families are adversely affected; their injuries may impact on their ability to work or to parent and they may also have complicated care and treatment needs. These people are entitled to compensation to pay for future care and treatment costs and to provide them with an income where their earning capacity has been affected;
2. The NHS will often resist settling medical negligence cases for several years, only settling at the doors of the court, by which time substantial legal costs have been incurred. Earlier settlement would reduce these costs and indeed, many claimant medical negligence solicitors wish to settle claims as soon as they are able to do so, usually to secure much needed funding for their clients to receive the ongoing treatment and care that they require;
3. The approach of the NHS has traditionally been reactive and not proactive. If more money was spent on improving treatment in NHS hospitals in the first place, fewer claims would have to be brought. A classic example is staffing on maternity wards. Most birth injuries occur during the hours of 6pm to 8am, when consultant-level staff are unlikely to be present and readily available to offer valuable advice and supervision to more junior members of staff. If more money could be spent ensuring that consultant-level staff were present during these hours, it is likely that the number of birth injuries would reduce, as would the amount of money that is currently being diverted towards birth injury claims by the NHS.