Claim news
17/06/2011

Medical negligence claims top £1 billion

For the first time, the annual medical negligence bill for compensation claims paid by the National Health Service has totalled more than £1 billion in England and Wales.

The NHS Litigation Authority revealed that the figure for settling damages cases resulting from errors by health professionals in 2010-11 had risen by more than one-third from £772 million the year before.

Of that amount, legal costs for barristers, solicitors and other fees, paid to both claimants and in defending actions, came to £286 million, which made up more than a quarter of the total paid out.

The number of successful cases and the amounts paid out are increasing. Average payments have risen to £94,976 in 5,389 claims in 2010-11 from £71,137 in 3,100 claims in 2008-09.

Officials say one reason for the value of payments going up is because lawyers are seeking higher value periodical payments to provide care for the remainder of a patient's life in instances such as brain damage occurring as a result of a birth injury.

Some estimates say half of all medical negligence claims relate to maternity incidents.

Almost all the claims were wholly or partly funded by legal aid, but the continuation of the scheme allowing public money to be spent on pursuing compensation against doctors and nurses is under threat from government moves to reduce the legal aid budget.

It has been suggested that, in future, compensation claimants should only be able to instruct lawyers who use the no win no fee system.