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Clinical Negligence Claims

The Law Society Gazette (15.06.15) reported that the Government is looking at new ways of bringing down the cost of clinical negligence claims against the NHS.

The NHS Litigation Authority and the Medical Protection Society said that the Government must stop funds being diverted from front-line services. The want to do this by reducing clinical negligence claims. However, according to John Mead NHSLA clinical negligence damages and costs amount to only 1% of the total budget of the NHS.

What is Wrong with the NHS?

The focus for the NHS and the Government should be to reduce preventable deaths and injuries caused by negligence and not clinical negligence claims.

Basic errors by NHS staff kill 1000 people per month.

Only 27% of patients attending an A&E department received effective care.

Women in the UK were twice as likely to die in childbirth than those in Poland.

Failure to read a CTG trace accounts for 34% of preventable deaths in the NHS.

Why is this happening? What has happened to the yearly study ordered by Jeremy Hunt into avoidable hospital deaths?

What should be Done about Clinical Negligence Claims?

Surely the focus has to be to address preventable deaths and injury and not reduce clinical negligence claims per se?

If 4 aeroplanes per month crashed the aviation industry would have an immediate grounding of all flights whilst they investigated. Why is the NHS not doing this?

With human factors training the aviation, nuclear and construction industries have reduced preventable deaths significantly. These are life critical industries. They seek to promote safety and prevent injury rather than criticise the victim for claiming justifiable compensation and out of pocket expenses after the event.

The Government should build a zero harm culture not a zero compensation culture. Preventing death and injury should be the priority. Early admissions of liability should be a priority. Saying sorry and learning from mistakes should be a priority.

A Zero Harm Culture is Needed

If you have a clinical negligence claim that you need investigating then contact me today on 0845 676 9228 or

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