Medical negligence refers to substandard care, which either worsens the patient’s condition or leads to an entirely new one. Medical negligence costs the NHS millions every year and is taken out of the same budget used to provide frontline patient care. According to the Medical Protection Society, the cost of medical negligence claims could train 6,500 doctors.
Medical negligence costs have risen steadily over the last few years. In fact, clinical negligence payments for 2019/2020 decreased by 1.5%, from £2,359 million to £2324 million, according to the NHS Resolution’s annual report. Despite the number of claims remaining reasonably steady, the costs of these claims are increasing.
Furthermore, gynaecology is a concerning area of the NHS as medical negligence claims are soaring. From 2019 to 2020, medical negligence claims in gynaecology increased by a staggering 145 per cent. For the most part, these claims were filed against vaginal mesh surgery, which has received enormous controversy in the media.
Medical negligence claims are expected to double for 2023. Currently, negligence claims increase by an average rate of 11.5% per year. At this rate, medical negligence claims against the NHS would tip over the balancing point in a few years and become unmanageable. Claim payments come out of the same budget used to provide patient care, medical treatments, doctors salaries and much more.
Fewer people may have filed medical negligence claims from 2019 to 2020 because of the pandemic. With such a massive global health crisis, many people are likely to feel guilty in adding more pressure and strain onto the NHS.
Moreover, the litigation procedures around medical negligence have changed recently. Individuals are now being encouraged to explore other resolutions to reduce the number of medical negligence claims appearing in court. Clinical negligence cases now outnumber those going to trial by a whopping 6 to 1.
Fewer people may push their claim to court because of the stress and trauma formal proceedings can cause. Patients may have to retell and relive their medical trauma in court, leading to feelings of distress and despair.
The NHS is also working to increase mediation and to avoid court costs. However, the NHS failed to meet their targets for medical negligence from 2019 to 2020. As medical negligence claims continue to rise, legal and medical teams need to work on a solution before we reach a tipping point.
