Fears over NHS blunders
PLANS to cap legal costs for NHS blunders which lead to deaths of newborns could leave the bereaved at the mercy of claims management firms, a former lord chancellor has warned.
Health officials have drawn up plans to limit spending in cases where damages are worth less than £25,000.
This covers eight in 10 medical negligence claims, including stillbirths and the deaths of newborns. Britain’s record is among the worst in the developed world. Ministers have said the changes will stop unscrupulous law firms claiming legal costs that dwarf the damages awarded to victims.
But Lord Falconer, who was lord chancellor under Tony Blair, said this could see established law firms leaving the market, to be replaced by unregulated claims management companies.
Such a move would leave those who suffered bereavement or injury at the hands of the NHS with less expert help in their fight for justice, he suggested.
Lord Falconer urged ministers to instead consider an alternative model,
drawn up by the Society of Clinical Injury Lawyers, which would not cap costs or damages but aim to speed up the process and prevent tragedies being repeated by notifying NHS trusts as soon as potential risks are identified. It would encourage quick resolution of cases, without court proceedings, with financial penalties for defendants who string out the process.
Peter Walsh, of Action against Medical Accidents, raised fears that the new rules would mean those bereaved by blunders would be unable to find a lawyer willing to take their case as the fees would not cover the costs involved.
He said the Government’s plans would encourage a culture of “deny and defend” instead of encouraging efforts to learn from errors, and prevent tragedies being repeated.
Steve Webber, SCIL chairman, said specialist firms could be put out of business, which would be “a disaster for patients”. He said such firms were able to filter out 100,000 cases a year after establishing no reasonable case to pursue. Without the specialist firms, rising numbers of unmeritorious claims would be brought via claims management companies, fuelling extra costs to the NHS, he said.
“Criticising claimant lawyers might be easy but a culture of ‘deny, delay and defend’ can and must be challenged by the NHS if overall costs are to fall; legitimate cases must be settled as early as possible and this must be achieved without unnecessary and dangerous changes to the law” he said.
A Government spokesman said: “We are tackling the rising cost of clinical negligence to ensure taxpayers’ money goes toward improving front-line patient care. We know for lower-value claims, claimant legal costs can be disproportionately high, which is why we consulted on proposals for a simpler and more cost-effective resolution.
“We are awaiting recommendations from the Civil Justice Council and will consider these carefully before consulting on any proposals.”