The government needs to address the ‘unsustainable’ cost of clinical negligence cases, says the Dental Defence Union (DDU).
The organisation has written to health secretary Wes Streeting to raise concerns about the litigation costs absorbed by UK healthcare. It said that the average claimant legal costs were in excess of £10,000 for claims settled up to £5,000. This increased to more than £15,000 for claims up to £10,000 and more than £25,000 for larger claims.
Medical Defence Union chief executive Matthew Lee said: ‘The entire clinical negligence system is crying out for reform. Nowhere is that more evident than in the disproportionate legal costs awarded in lower value clinical negligence claims. We regularly see legal costs eclipse the amount of compensation awarded to a patient.’
‘The most stressful episodes of a healthcare professional’s career’
Several changes were proposed, including:
- Introduction of fixed recoverable costs in clinical negligence claims up to £25,000
- Commitment to extend that regime to claims valued up to £250,000
- Repeal of S2(4) of the Law Reform (Personal Injuries) Act 1948, requiring the courts to disregard the existence of the NHS when making a compensation award.
Matthew Lee added: ‘I have written to the secretary of state for health and social care, urging him to take action. Every pound the NHS pays out in a settlement for clinical negligence is a pound less that cannot be spent on innovation and improving patient care for all.’
He also highlighted the detrimental impact of these cases on defendants, saying: ‘When a clinical negligence claim arises, it can be one of the most stressful episodes of a healthcare professional’s career. The DDU supports members every step of the way, and our success rates in defending claims demonstrates this.’
The DDU reports that 59% of dental cases were closed without a payment of damages in 2023. Where dental and medical cases proceeded to trial, 71% were reportedly defended successfully.
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