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Let’s play: “Fact or Fiction?” The Clinical Negligence edition, Part 1

Clinical Negligence law is a complicated area so I want to take some time to dispel a few very common myths surrounding clinical negligence cases.

  1. “Britain is in the grip of a compensation culture and we’re suing more than ever” 

    FICTION – the NHS is doing more work than ever but the proportion of clinical negligence claims actually remains the same.  The 2015 NHS Litigation Authority report noted a 26% increase in “NHS activity” compared to last year, which was measured by Finished Consultant Episodes. The statistics show that there was a whopping total of just under 15.5 million hospital admissions in 2014-2015 which is 32% more than a decade earlier where there were 11.7 million patients. Also, in 2013/2014 there were 64% more operations completed by the NHS compared to 2003-2004.This means that although there are more potentially negligent incidents, the same proportion of clinical negligence claims are pursued – the ratio of claims to incidents being 0.007% of all NHS activity in 2006/2007 and in 2014-2015.The statistics provided by the NHS prove that there are more patients now but the same proportion of claims against the NHS.  We definitely aren’t suing more than ever!  

  2. “Claimants get paid millions of pounds” 

FACT – BUT only in very rare circumstances where the injuries are catastrophically severe. 

A case that illustrates this was settled by our Siobhan Kelly. The case of C (A Child Proceeding By His Mother and Litigation Friend) v Basildon & Thurrock University Hospitals NHS Foundation Trust was a tragic case involving an injury at birth where C, a baby, suffered catastrophic injuries because of the mismanagement by the staff at Basildon Hospital.

The little boy suffers from cerebral palsy and severe learning and behavioural disabilities because of the mistakes made. He will be dependent on others for the rest of his life and requires constant care. He needs two carers during the day. He is only able to use his left side and he drags his right arm and leg when walking and running. His right leg is shorter than his left. His cognitive ability is within the extremely low range of intellectual functioning and his overall thinking is better than only 1% of children his own age. He will never be able to work.

The tragic circumstances meant that without the negligent mistreatment, he would have been a healthy little boy. His very profound disabilities mean that he requires a lot of full-time care, therapies, accommodation and an income for the rest of his life.

The solicitors for both sides met in 2010 to agree an award of approximately £2 million and then annual payments just under £100,000, which would be paid for the rest of his life. If he lives to the expected age of 88, the settlement value is about £6.5 million. So yes, here is an example of a case potentially worth over £6 million but every penny of that was accounted for and is to pay for something that he needs. It’s also only £6.5 million if he lives to the estimated life expectancy. If the little boy’s life were to end sooner, the annual payments would obviously stop.

It is simply a complete fallacy that someone can have a “minor” accident, sue and be paid millions.  

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