Law, Compensation Culture


by JAMIE PAYNE - Date: 2008-10-08 - Word Count: 362 Share This!

These days solicitors are trying to force compensation out of everything. Many Doctors feel like they are fueling a compensation culture to do with clinical negligence by charging too much.

In 2006-07, 5,426 claims of clinical negligence and 3,293 claims of non-clinical negligence against NHS bodies were received by the NHSLA. This compares with 5,697 claims of clinical negligence and 3,497 claims of non-clinical negligence in 2005-06.

The NHS paid out £90.7m in costs to claimant solicitors in clinical negligence cases concluded in England during 2007/08, up from £40.9 million in 2003/04.However, the number of claims brought has remained at around 6,000 each year.

The average time taken to deal with a clinical claim under the Clinical Negligence Scheme for Trusts, from notification of the claim to the NHSLA to the date when damages are agreed (or the claim is discontinued), is 1.46 years.

An analysis of all clinical claims handled by the NHSLA over the past ten years shows that 41% were abandoned by the claimant, 41% settled out of court, 4% settled in court (mainly court approvals of negotiated settlements) and 14% remain outstanding. Fewer than 50 clinical negligence cases a year are contested in court.

The facts and figures above just show how much money is being made by clinical negligence compensation. You can also argue though that doctors are barking up the wrong tree blaming solicitors, and should look at their own risk management and avoiding claims by improving practice.

Solicitors are also now making claims against other solicitors to receive compensation for clients which is know as Professional Negligence. This consists of:

* Solicitors negligence

* Improper handling of your case

* Failure to issue within time limit

* Issue of proceedings against the wrong Defendant

* Failure to identify nature of financial losses

* Under settlement - ie not getting enough compensation for your injury and losses

Its starting to go to far and starting to get out of control now with what you can claim for and how many people are trying to claim. From the fact above about 41% of cases abandoned by the claimant is just showing everyone is trying and then just giving up.

Sources:

http://www.nhsla.com/home.htm

http://www.lawgazette.co.uk/news/lawyers-blamed-negligence-fees-rise

http://www.harrisfowler.co.uk/services/49/claims-we-handle-include


Related Tags: compensation, clinical negligence, solicitors negligence

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