Cost of Medical Negligence Claims predicted to continue to rise

A study by The Medical Protection Society predicts that the cost of medical negligence claims will continue to rise and are expected to double by 2023. The Medical Protection Society (MPS) provides protection for doctors, dentists and healthcare professionals. 

The MPS believes that urgent reform is needed. The MPS proposes introducing nine legal reforms. They include:

• Limit care costs based on a tariff agreed by experts;

• Use national average weekly earnings rather than individual patient earnings to calculate damages; 

• Introduce a 10-year limit on claims;

• Put a cap on the number of experts in each case; and

• Impose a fixed recoverable costs scheme for claims up to £250,000.

Medical negligence means mistakes have been made by a professional healthcare worker such as a doctor or surgeon (either privately or through the NHS) during a medical procedure, diagnosis, or hospital treatment, due to their negligent actions.

A patient affected by this may wish to consider making a complaint to the NHS trust. However if financial compensation is sought then a patient will need to seek advice from a Solicitor.

Medical Practitioners owe patients a duty to take reasonable care; if the standard of care falls below the appropriate level then the NHS may be liable for any additional injury caused and consequential losses. The general rule is that such claims must be brought within 3 years from the date of the injury or procedure; however there can be further considerations to be made if a patient was not aware of the negligence which had occurred. 

If you have any questions or would like a consultation about any of the issues in this article, please call PCB Solicitors LLP’s Shrewsbury office on 01743 248148 and ask for Edmund Coxhead or Ryan Bickham, who would be able to assist.