How often have legal commentators called for steps to be
taken to reduce the number of medical accidents that lead to claims for
damages? The tendency has been to blame victims and their lawyers for the spiralling
costs of litigation; particularly in cases where babies suffer catastrophic
injuries at birth.
It is encouraging therefore to see reports in today’s press
that the Ministry of Health may finally be getting the message. Details will be
set out in a speech from Minister of Health, Jeremy Hunt. The government
proposes to publish maternity ward league tables as part of a drive to improve
performance. It remains to be seen what that, on its own, will achieve. But at
least it is a step in the right direction.
Jeremy Hunt will also announce a voluntary scheme for
resolution of claims for damages. The scheme will involve a panel of medical
and legal experts who will review incidents and decide whether payments are
appropriate and, it seems, assess how much will be paid.
Again this has to be welcomed. Details of the content of the
speech appear in the Guardian report and there are still comments that cause
concern. The speech will refer to the need to dismantle a ‘litigation culture’.
I have acted for a number of families in these cases. There has not been a
single occasion where ‘litigation’ was of any interest. Families want answers
to questions. They want accountability and they want financial help as they
care for a child who will have life long needs.
Litigation is always a last
resort as the NHS have tended to fight cases until the last minute –
The speech will refer to litigation as ‘an automatic first
step’. There already exists a protocol under which Trusts have 4 months, or
longer if necessary, to investigate incidents. Litigation only follows when liability
is denied. It is far from being a ‘first step’. There still seems to be an underlying
assumption that victim and their lawyers are looking for litigation.
So there are still negative attitudes that need to be ironed
out. Describing lawyers as ‘vultures’ does not help!
On the other hand these proposals could change everything. If
we begin to see a genuine will on the part of the NHS to acknowledge fault and
work with families, if we see a real commitment to reducing or even eliminating
negligence, if we see a desire to listen to the families of victims, then we
might finally see some real progress.
I really hope that this leads to a new culture of co
operation with the needs of disabled children at the centre.
Exclusive post. Thanks for sharing.
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