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The frequency and severity of clinical negligence claims and the cost of medical indemnity insurance have risen substantially in the UK, though it’s less encouraging to potential plaintiffs.
It’s fair to say that overall legal costs are rising. In 2023/24, the NHS managed a wide array of sensitive and precedent-setting cases, establishing compensation approaches to groups of claims, and dealt with multiple requests from healthcare organisations with fears about the conduct of individual practitioners together with services. The number of clinical negligence cases and reported incidents was totalled at 13,784, which represents an increase of 273.
Clinical Negligence Cases Are Typically Complex And Lengthy
A major issue is that claims are complex, meaning that it’s challenging to establish a duty of care in clinical negligence cases, and even if this obstacle is overcome, there’s the problem of determining factual causation. It’s necessary to demonstrate that the defendant’s breach of the duty owed to the plaintiff caused injury or damage. This is precisely why consideration is given to the establishment of a no-fault compensation scheme for medical injury after the fashion of the Swedish model, which would remove the need to prove negligence whilst still requiring proof that harm was caused by the treatment.
Members Of Parliament Demand No-Fault Compensation In Clinical Negligence
For the time being, compensation can be sought via tort litigation, with payouts made through out-of-court settlements to avoid months or years of preparation and expense. A no-fault compensation scheme offers an alternative to address claims resulting from clinical negligence that is based on the idea that the injured person should receive compensation without having to prove fault. A key concern in England is compensation for birth-related trauma, with many women developing post-traumatic stress disorder. Preventing traumatic birth is a priority for many countries and international organisations.
Clinical Negligence Claims Take 523 Days Longer To Resolve In Ireland
Delay, which is generally regarded as undesirable, is notably problematic in a clinical negligence case on account of its potential to cause additional harm to the patient or healthcare professional. If litigation is ongoing, plaintiffs put up with all injury-related expenses, and consequently, their quality of life and their health are severely affected. Lack of competition and complex procedures keep costs high. Nevertheless, in practice, many solicitors accept to work on contingency terms, which means that anyone can seek quality legal representation without having to worry about the costs.
According to the Irish Examiner, the length of clinical negligence proceedings in Ireland is longer despite the fact that claims can be resolved quicker and more efficiently. To be more precise, it takes 523 days by and large to settle a clinical negligence claim, which translates into the fact that patients and doctors must navigate an exhausting process that takes its toll from an emotional standpoint. Pre-action protocols, much like those in operation in England and Wales, aren’t currently in force in Ireland, irrespective of the recommendations for their introduction.
The Most Common Cause Of Clinical Negligence Is Communication Failure
The NHS is one of the safest and most respected healthcare systems globally, yet mistakes are inevitable, and they’re often the consequences of communication failure. Poor communication generates errors that could have easily been avoided, such as being given incorrect medication or receiving the wrong procedure, and can, therefore, lead to a reduction in the quality of care, wastage of resources, and poor patient outcomes. There are countless stories of appointments missed, diagnoses not shared, or referrals for treatment that went missing. Patients had their care, or that of an immediate family member, delayed or affected as they were referred to the wrong service.
Doctors’ Duty Of Care: The Patient’s Family Isn’t Included
In a highly-anticipated ruling, the Irish High Court has established that the wife of a man who passed away following a cancer diagnosis made later than it should have been can’t recover compensation for nervous shock. In the judge’s opinion, the case failed because it didn’t satisfy criteria 2 and 3 in Kelly vs Hennessy, the first clinical negligence case in which liability was in dispute. More exactly, the plaintiff didn’t prove their recognisable psychiatric illness was shock-induced or that the nervous shock was attributable to the defendant’s act or omission. The issue of whether healthcare providers owe a duty of care to the relatives of their patients is still up for debate.
Tort Lawsuits Aren’t To Blame For High Indemnity Insurance Premiums
In the UK, anyone who could likely harm or injure another person while providing healthcare and performing their duties and responsibilities is required to have adequate/appropriate insurance or indemnity arrangements. Over the last years, subscription rates have increased, driven by increases in claim frequency and severity. Contrary to popular opinion, clinical negligence lawsuits don’t dramatically increase insurance premiums, and the solution to the present crisis is to get rid of bad doctors, that is, to provide safer, higher-quality medical care. A great many factors influence malpractice insurance costs, including location and the choice of specialty.
The bottom line is that we can and should seek improvements in the current system. Getting healthcare providers to change their behaviour and improve the quality and efficiency of care takes a long time, and there’s no way around it, but it’s in our best interest to make the transition. As more doctors become employees of hospitals and large medical practices, the medical indemnity insurance business must adapt to encompass new approaches to risk management to stay relevant in the evolving value chain.
Concluding Thoughts
The clinical negligence crisis we have in the UK is nothing new under the sun, and the money at stake is insignificant with regard to the healthcare system as a whole, accounting for a small percentage of spending. To fix the problems within our system, we need a thorough understanding of its performance and knowledge of the likely effects of proposed reforms. Sometimes, litigation is the only option for victims, and it provides satisfaction through the impact of finding their rights violated. Be that as it may, it must be accompanied by a social-political movement.
