Medical negligence compensation news
06/08/2007
Legal fees make patients suffer
It has been revealed that patients may be losing out on medical negligence compensation as millions is being spent on covering personal injury solicitors' fees.
In an exclusive interview, it was revealed by Stephen Walker, the chief executive of the NHS Litigation Authority, that he is extremely concerned at the increasing amounts of money being paid out of NHS funds to cover legal fees.
The past year alone has seen 250 claims made for medical negligence in Merseyside and Cheshire, and local NHS trusts have paid out £3.8 million in claimant costs as well as £11.1 million in damages for medical negligence compensation claims.
A Liverpool personal injury law firm was at the centre of a two-year investigation after they lodged a claim totalling a massive £4,479,957 in the financial year 2004/05. However, they agreed to settle for a fractional £449,000.
Each hospital pays a contribution to the litigation authority to deal with claims on their behalf but as the number of claims rise so too does the contribution amount.
Stephen Walker has commented, "We have passed that case to the Law Society and they have informed the Solicitors Regulation Authority, who are still investigating.
"It is easily the most extreme case we have ever had, but there is a worrying trend developing when you look at the level of costs being applied for by solicitors acting on behalf of those making a claim.
"We see the level of work that goes into a lot of these cases, and we know that if it was our solicitors doing the work, then the amount charged would be much lower.
"All the money which goes to solicitors is money which could, and should, be spent on patient care."
A spokesperson from campaign group Action Against medical Accidents said, "There is plenty of scope to reduce the cost, such as more honest admission of liability and settlement of claims out of court.
"Lots of people have been forced to go to no win, no fee solicitors' who charge higher costs to the defendant to cover their risks."
There is hope that the sooner legal costs accumulating from medical negligence compensation claims are reduced, the sooner the NHS's funds will be freed up to provide improved patient care and prevent future acts of negligence in the UK's health care establishments.
Read more about how you can make a medical negligence compensation claim.
