The number of medical negligence claims in the UK has been rising steadily in recent years, especially since the COVID-19 pandemic.
According to a study by the Medical Protection Society, the annual cost to the NHS in England of settling clinical negligence claims is expected to double this year. This raises the question, why are more people are seeking medical negligence compensation?
In the most recent NHS Resolution Annual Report, payments on Clinical Negligence Scheme for Trusts (CNST) claims increased by £152.8 million (7%) to £2,213.9 million from 2020/21. This increase was primarily in damages and claimant legal costs payments against high value (more than £3.5 million) claims.
Why Has There Been an Increase in These Numbers?
One possible reason medical negligence claims are increasing is that the pandemic has exposed the weaknesses and failures of the healthcare system, leading to delays in diagnosis and medical treatment, miscommunication, lack of resources, and staff shortages.
These factors can increase the risk of errors and omissions that can have serious consequences for patients. For example, some patients may have suffered brain injuries or other permanent disabilities due to delayed or inadequate treatment for stroke, meningitis or sepsis. Others may have experienced worsening of their condition, or missed opportunities for early intervention due to cancelled or postponed appointments, tests or surgeries.
Increase in Awareness of Legal Rights and Options Regarding Medical Negligence
Another possible reason is that more people are becoming aware of their legal rights and options when they have suffered harm as a result of medical negligence.
The Limitation Act 1980 states that you generally have three years to start your medical negligence claim, but there are some exceptions, such as if you do not have the mental capacity or when you discover the negligence later.
However, it is advisable to seek legal advice as soon as possible after the incident, as gathering medical evidence and preparing a letter of claim can take time.
What Are The Most Common Types of Medical Negligence Claims?
The most common types of medical negligence claims reported in 2020/21 were:
- General claims: General claims against GP’s and other medical specialists listed as general medical experts. These accounted for 4,295 claims, or 34% of the total.
- Orthopaedic surgery: This specialty deals with the diagnosis and treatment of disorders of the bones, joints, muscles, and tendons. It accounts for 1,256 claims, or 10% of the total.
- Emergency medicine: This specialty provides urgent care to patients with life-threatening or potentially serious conditions. It accounts for 1,152 claims, or 9% of the total.
What Are The Most Expensive Types of Medical Negligence Claims?
The most expensive types of medical negligence claims, based on the total payments made in 2020/21, are:
- Obstetrics CP/BD: This category refers to claims involving injuries to the mother or the baby during pregnancy, labour, delivery, or after birth, such as cerebral palsy or brain damage. It accounts for £688 million, or 32% of the total payments.
- Other: This category accounts for £285 million, or 13% of the total payments.
- Emergency medicine: This category accounts for £202 million, or 9% of the total payments.
How to Make a Medical Negligence Claim
If you or a loved one have suffered physical or mental harm as a result of medical negligence, you may be entitled to claim compensation for your losses and suffering.
However, pursuing a medical negligence claim can be daunting and stressful, especially when you are already coping with the consequences of your injury.
Howells Solicitors have a proven track record of successfully handling complex and challenging medical negligence cases. These have involved brain injuries, spinal injuries, birth injuries, surgical errors, misdiagnosis, delayed diagnosis, and more. We have helped thousands of clients with a number of claims to obtain justice and compensation for their suffering and losses.
That's why you need Howells Solicitors on your side. We are a leading firm of solicitors with extensive experience and expertise in handling medical negligence claims. Some of the benefits of choosing us are:
- We have a team of specialist negligence solicitors who can advise you on all aspects of your claim.
- We offer a no win no fee promise to our clients, meaning you do not pay any fees or legal costs unless we win your case.
- We will support you throughout your claim with compassion and professionalism, keeping you informed at every stage.
- We will help you access any rehabilitation or support services you may need to aid your recovery.
- We will seek to achieve the best possible outcome for you, both in terms of compensation and accountability.
Find out more about making a medical negligence claim here.
How to Start Your Medical Negligence Claim with Howells Solicitors
If you think you have a medical negligence claim, don't hesitate to contact us today for a free initial consultation. We will listen to your story and assess the merits of your case. We will also advise you on the medical negligence claim time limit, which is generally three years from the date of your injury or the date you became aware of it.
We will then guide you through the process of making your claim, ensuring that you have all the evidence and documentation you need to support your case including when applicable your medical records. We will also handle all the communication and negotiation with the other party or their insurers on your behalf.
It is our intention to aim to settle your claim out of court if possible. This can save time and money and avoid further stress. However, if your case goes to court, we will represent you with skill and confidence, fighting for your best interests.
We will always act in your best interests and seek to achieve the best possible outcome for you. We will also respect your wishes and preferences throughout your claim, ensuring that you are in control of your own case.
Contact Us Today
If you have been affected by negligent treatment by a healthcare professional or medical expert, don't hesitate to contact Howells Solicitors today for a free initial consultation. Our specialist medical negligence solicitors will listen to your story with compassion and empathy, and advise you on whether you have a valid claim and how they can help you. Please phone 02920 404020, email pi@howellslegal.com, or get in touch through another means.
