Page 31 - Aesthetics&Dermatology_11_2018
P. 31
PRACTICE POINTS
MDU REVEALS PLAN TO
SAVE NHS FROM CLINICAL
NEGLIGENCE COSTS
The MDU has revealed a reform plan that it believes may save the NHS from crippling
clinical negligence claims bills
The Medical Defence Union (MDU) are not responsible for the legal sector. It predates the NHS
has revealed a six point reform environment and can’t control it. The but given the NHS is 70 years
plan which it believes could save National Audit Office has pointed out old now and it is high time for
the NHS from the crippling effects that ‘the rise in the number of claims reform.
of the current clinical negligence and claimants’ legal costs for clinical 2. Personal injury defendants
claims bill. negligence is closely associated should be allowed by buy health
with recent legal reforms and market and social care from public
Speaking last week at an NHS developments in legal services’. providers.
Confederation and Academy of 3. The same care should be
Medical Royal Colleges event to “The current system is not working, available to all patients with
discuss reform in the NHS clinical especially when you consider that the same condition, however
negligence system, MDU chief the majority of claims the MDU sees caused. A standard package
executive, Dr Christine Tomkins, do not result in compensation being of health and social care that
called for the legal system – which paid because the patient had not meets the patient’s reasonable
incentivises and promotes litigation been negligently harmed. This was needs should be set by an
over other methods of resolving the case for 83% of medical claims independent body, with the aim
claims – to be urgently reformed. the MDU closed in 2017. that all with that disability will
receive it.
She said: “The NHS faces a “The situation has been made far 4. There should be an ultimate
colossal bill for clinical negligence worse by the change to the personal limitation period and not the
claims with NHS resolution’s annual injury discount rate, which was arrangements we have now
report for 2017/18 showing their reduced by 3.25% in March 2017. In which can mean claims brought
balance sheet provisions have a debate in the House of Lords on as long as 40 years after the
almost trebled to £77bn in just four Tuesday this week, it was stated the event.
years, and that’s just for hospitals in change in the discount rate means 5. There should be a limit on
England. that every day £3.3m is not being recoverable future loss of
spent on the NHS frontline but is earnings which can run to
“The effect on patients is that going to the cost of claims. millions of pounds. One example
doctors are deterred from high could cap loss of earnings at
risk, high cost activities in private “Ultimately, we are all footing the three times the national average
and general practice, and in NHS bill for these claims as tax payers annual wage per annum, which
hospitals, money is being diverted and patients. The result is damaged would be about £86k for every
to claims and away from frontline access to healthcare for all of us and year of loss of earnings.
patient care. A state backed we must find a solution.” 6. There should be a personal
indemnity scheme for GPs is injury discount rate that reflects
proposed to start in April 2019. But The MDU is calling for root and the way damages are invested
the state scheme will not address branch legal reform including the and spent. This requires
the root cause of unaffordable following six suggestions: evidence of how damages are
claims. actually invested and spent
1. Repeal of Section 2(4) of the which is currently lacking.
“We all want healthcare to be 1948 Law Reform Act. It requires Compensation payments in
safe. But the deteriorating claims that patients treated by the NHS England are now among the
environment has nothing to do should be compensated for highest in the world.
with any deterioration in clinical negligently caused damage on
standards. The cause lies in the the basis that all their future care
legal environment, and doctors will be provided in the private
31
