Clinical Negligence Claims set to Soar

It is reported today that clinical negligence claims could rocket following the coronavirus pandemic.

The Medical Defenice Union has warmed that the NHS could be faced with billions of pounds of medical negligence claims if the government does not grant some form of legal immunity to medics risking their lives during the pandemic crisis, the government has been warned.

Several US states – New York, New Jersey and Michigan – have already adopted laws that provide healthcare professionals and hospitals with “immunity from civil liability for any injury or death alleged to have been sustained because of any acts or omissions undertaken in good faith” during the crisis.

In both the US and UK, the MDU, points out, doctors are being asked work outside their expertise in areas where they may not have the most up-to-date knowledge.

Retired doctors have been called back to the wards and medical students sent out before they have finished training. Other treatments and surgeries are being delayed to cope with the influx of coronavirus patients.

Now also NHS staff are being asked to work without proper PPE, leading to possible claims from them if they become ill.

The UK government has promised to cover the cost of any future legal actions by providing indemnities but the MDU says this could still cost the country vast sums and expose those who have volunteered to “extremely distressing” and potentially career-damaging hearings.

The cost of medical negligence for the NHS has climbed steeply in recent years. In 2018, NHS Resolution estimated the accumulated claims it was facing amounted to £83.4bn.

I do think that immunity from suit is the wrong way to go because even in this crisis people deserve to be treated correctly and standards should be allowed to slip.

The Department of Health has said its emergency clinical negligence indemnity will cover healthcare workers. The Coronavirus Act 2020 introduced new indemnity powers.

In any event there is much to be said for mediating such claims, but when doing so remember that you are not obliged to use NHSR’s panel of mediators. Other providers exist with experience in this area.