NHS Litigation Reform

The House of Commons Health and Social Care Select Committee has launched a new inquiry on NHS litigation reform. The Committee has invited written submissions addressing the following points:

• What is the impact of the current cost of litigation on the financial sustainability on the NHS and the provision of patient care?
• What are the key changes the Government should consider as part of its review of clinical litigation? In particular:
• To what extent does the adversarial nature of the current clinical negligence system create a ‘blame culture’ which affects medical advice and decision making?
• How important is it that any clinical negligence system encourages lesson learning and commitment to change as a result of action?
• What changes should be made to clinical negligence claims to enable a move away from blame culture and towards a learning culture in the NHS?
• How can Healthcare Safety Investigation Branch work to improve short term responses to patient safety incidences and therefore reduce the number of those who are forced to pursue litigation as a means of obtaining non-financial remedies?
• What legislative changes would be required to support these changes?

• What changes should be made to the way that compensation is awarded in clinical negligence claims in order to promote learning and avoid the same problem being repeated elsewhere in the system?
• How can clinical negligence processes be simplified so that patients can receive redress more quickly?
• How can collaboration between legal advisors be strengthened to encourage early and constructive engagement between parties?
• What role could an expanded Early Notification scheme play in improving transparency and efficiency system-wide?
• The Government has reiterated its intention to extend fixed recoverable costs, which limit the amount that can be paid out to meet legal costs, to clinical negligence cases with settlements with less than £25,000. At what level should these fixed recoverable costs be set, and are there any circumstances in which they should not apply to low value clinical negligence cases?

It is interesting to note from the above that there is a strong theme throughout, there are several references to a learning culture and what steps the NHS can take to avoid reoccurring breaches of duty. A collaborative approach to a clinical negligence claim could create a less stressful environment for clients who have suffered not only with their physical health but their mental health and provide a faster solution or compensation to those who have experienced medical negligence. It will be interesting to note what suggestions are provided over the coming months in parliament.

At Ramsdens our highly experienced Clinical Negligence team, who have experience in dealing with claims of a sensitive nature, are here and able to assist in potential claims. If you are concerned about the care received by you or a loved one please do not hesitate to contact us on 01484 821 500, fill out our online enquiry form or email us to discuss confidentially.