What is the cost of making a Medical Negligence Compensation Claims?
Posted on 23rd October 2019
It is true, that over the last 5 years, the amount of compensation paid out by the NHS has increased, dramatically. NHS Resolution’s figures have shown that NHS compensation payouts have increased from £327 million in 2013/14 to £655 million in 2017/18, alone. The main reason? Well, the reasons are more bureaucratic than medical:
Of the 1,789 patients who received compensation for medical negligence n 2017/2018
• 679 patients were misdiagnosed; and
• 1,100 patients suffered a delay or failure in treatment, this resulting in personal injury, and or death to the patient.
Total health spending in England was around £129 billion in 2018/19 and is expected to rise to nearly £134 billion by the end of 2019/20. In 2018/19 around £115 billion was spent on the NHS England budget. The rest was spent by the Department of Health on things like public health initiatives, education, training, and infrastructure (including IT and building new hospitals).
So, whilst the NHS are spending more money than ever, the service does appear to be, statistically at least, worse than ever before: there are more and more injured patients, making medical negligence claims, and payouts are, intrinsically increasing.
And in response, what do the government do? Well they implement procedure to cut the costs of the personal injury solicitors, and medical negligence solicitors, in order to cap the costs of the legal representatives of those seeking to pursue compensation for medical negligence claims. Unfortunately, as any personal injury solicitor will tell you, medical negligence compensation claims require almost forensic examination of medical notes (the writer has noted that many Trusts send thousands of pages of notes, all in no particular order), and some of which are indeed missing. Add to that fact that all Trusts have a knee-jerk response, where they appear to deny liability until the same is proven by the medical negligence solicitor, and you will see why legal representation is required. The writer has seen all too many times, an injured individual receive a letter from a Trust, confirming that the procedure was in fact carried out correctly, when, after some digging by the injured patient’s medical negligence solicitor, the facts are indeed somewhat different.
In a report published by the Civil Justice Council, the group said both Claimant and Defendant solicitors ‘came close’ to agreeing fixed costs figures for claims valued up to £25,000, although there was common ground on how any scheme should be shaped.
What was mooted is as follows: For claims on the standard track, claimant representatives wanted £8,000 costs plus up to 40% of the damages agreed, whereas defendant bodies settled for £6,000 costs plus 20% of damages. For more straightforward claims on the light track, defendants were prepared to fix costs at £2,000, but claimants wanted £4,500.
So, you’ve had surgery. The NHS Trust have employed a medical practitioner who has erred, well beyond a reasonably competent medical practitioner, and you are now the proud recipient of life-changing injuries, that were neither a recognised complication of your surgery, or should have happened. Presumably, despite the proposed changes, you’d want the best medical negligence solicitors representing you, right, despite the new reforms pertaining to costs?
And this is where the expert team of personal injury solicitors at MG Legal, can help. Notwithstanding the proposed costs changes, our team of solicitors in Preston and Lancaster, will still be accepting all medical negligence claims on a No-Win-No-Fee basis. We offer home visits across the North West and accept instructions throughout England and Wales.
MG Legal- Your Local Solicitors
Tagged as: Best Medical Negligence Solicitors, Injury Compensation Claims, Lancaster Law, Longridge Solicitors, Your Local Solicitors
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