Claims against the NHS have risen alarmingly since the coalition government came to power according to the latest figures published by the NHS Litigation Authority.
Litigation levels are at their highest claims the report with cases almost doubling since 2010, when negligence cases were at 6,562 compared to 11,945 in 2014. As a consequence the NHS has also had to up the amount of money put aside to deal with these claims from £8.7 billion in the coalition’s first year of power to £15.6 billion today.
The same report also found that 35,373 patients had to wait for more than four hours for treatment during the first week of December 2014, which is 66% higher than the same period in 2013. 7,760 patients were also kept on a trolley in a hospital ward for between four and 12 hours. This was almost double the year before when 3,666 patients underwent the same experience.
Jeremy Hunt, the health secretary, has said he believes the number of negligence and litigation claims was an indication the care patients were receiving in England was not good enough, and has pledged to improve standards of quality and care. He also added that half of negligence cases brought against the NHS were dismissed by courts as having no merit. Mr Hunt is also looking at introducing the America model of admitting blame and apologising to patients in an attempt to stop them pursuing cases through the courts.
The NHS Litigation Authority publishes litigation figures every year and since 1995, when its figures were first released, it has seen claims increase every year. Surgery, obstetrics (childbirth) and gynaecology remain the biggest areas for claims with just over 55 thousand recorded cases over the last 20 years.
Litigation claims in some areas date back over many years, with the average claim taking 1.26 years to settle. And figures may yet peak in 2015 as claims after Christmas usually rise by up to 52% as NHS services often become stretched over the festive period.
The NHS in Northern Ireland also experienced its highest year for medical negligence claims against it with 3,376 cases in 2013/2014 and a total of £81.4 million paid out, which includes £20 million in legal costs. As with NHS England, a high number of cases were in obstetrics, where £30.1 million was paid out. These cases are often expensive as the NHS will pay out a large lump sum – up to £6 million in rare cases – followed by annual payments for life to pay for ongoing care, and specialist accommodation and equipment needed.
In his Autumn Statement, Chancellor George Osborne pledged an extra £2 billion for the NHS, which he claimed would be put towards improving front line services. However, the health service believes the majority of this funding would be swallowed up by litigation in 2015.
If you believe you or a member of your family has been affected by medical negligence and you would like to know your legal position, we can help. Contact our team on 0800 999 1875 or visit our dedicated website www.medicalnegligence-solicitors.com for more information. You can also request a call back at a time convenient for you here.