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We hear many times that a review is taking place and we get our hopes up but on this occasion I am truly glad this is being considered. Whether this becomes law and makes it easy for the victim of medical negligence  remains to be seen. I say this because a Clinical negligence solicitor, I am very aware of how long it takes for compensation to be paid on obvious medical negligence cases. We also have bear in mind that this has to be for those instances where clinical negligence was avoidable and has caused actual damage/ harm to the victim. Any such scheme needs to be fair for both parties.

It is good that this is on the government agenda. The Minister of State for Mental Health, Suicide Prevention and Patient Safety, Nadine Dorries revealed this when  questioned by Jeremy Hunt at  the Health & Social Care committee recently.  They were talking about the maternity services and ongoing safety issues following events at Shrewsbury & Telford NHS Trust and East Kent Hospital University Trust. During this reference was made to the apparently successful Swedan model of no-fault compensation where negligent maternity cases are lower. However,  whether this is because of better safety standards or due to the no-fault compensation model, it is not clear.

No much detail was available but it seems the Government are keen to review all types of cases against the NHS including how these are handled and managed. In Swedan for example, the claimant needs to prove that the event was avoidable and that something went wrong. Here the victim must prove breach of duty of care and causation/ consequential loss which would not have occurred but for the negligence.

There is no ideal timing for such a review, but it is good news.  It is tragic when a family of a brain injured child caused by medical negligence resulting in long term damage find themselves having to fight for years and years to get compensation.  Even if a no-fault compensation scheme is offered in clinical negligence cases these will need to have strict parameters, the acknowledgement that such a scheme warrants consideration has to be seen in a positive light.  It  is an acceptance that the current system is sometime very harsh on the victim and their families, and more can be done and should be done to reduce protracted litigation. Finding a speedy and fair resolution in obvious cases has to be right for both sides.

How can we help you?

If you or your loved one have suffered due to medical negligence and would like an informal chat with our medical negligence team please give us a call on 0330 107 0107 or contact us by email at clinicalnegligence@imd.co.uk and a member of our team will be more than happy to arrange a call back for a free no obligation and informal chat to see if we can help you or even signpost you as to what your options might be.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.