The NHS compensation scheme is “not fit for purpose”, according to a report by lawmakers who say the system needs to be radically overhauled.
They say that under the current scheme, “lessons are rarely learned” and “access to compensation is slow, counterproductive, stressful and often bitter”.
Last year, the NHS spent more than £ 2 billion to compensate patients who were injured during treatment. This is equivalent to the annual running costs of four medium-sized hospitals.
The report warns that the cost of benefits is expected to double to £ 4.6 billion over the next decade, with a quarter going to lawyers.
At present, litigation offers the only way for patients to fight for compensation. The report recommends eliminating the need to demonstrate clinical negligence. Instead, the administrative body will be responsible for investigating the cases.
The report by the Health and Welfare Committee warns that “maintaining an expensive and competitive litigation system is always at odds with our understanding of how the NHS should respond to care failures.
“We urgently need a system in which the highest priority is to prevent future damage.”
Jill Edwards had to fight for two decades to receive compensation after medical errors during childbirth left her daughter Kirsty with multiple injuries.
She remembers a doctor coming to talk to her soon after the birth, but says she has not been given an explanation.
“I was told that my daughter was very ill, that she was in special care.
“He said ‘if she lives to the end of the week, she will be blind, deaf and dumb.’ He also added that “you don’t have to take her home if you don’t want to.” There are places for such babies to go. “
She kept asking why Kirsty was so sick, but she was made to feel guilty.
Image: Kirsty has suffered multiple injuries due to a birth defect
“I’ve always been told it’s one of those things. If I asked if it had anything to do with me, they left me thinking it had something to do with me.”
Image: Shrewsbury and Telford NHS Trust
It wasn’t until her GP suggested that Kirsty’s injuries could be the result of medical errors during the birth that Jill first contacted a lawyer. She began her lawsuit in 1989, six years after Kirsty’s birth.
It wasn’t until Kirsty was 20 that Shrewsbury and the Telford NHS Trust finally admitted responsibility.
Image: Jill Edwards, pictured with her daughter Kirsty
The medical records from the birth, which Jill was previously said to have lost, described a series of errors.
“A letter was apologized to the table, which was a letter of apology and literally just said, ‘We’re really sorry about what happened on January 30.’ And I thought, “Is this it? I’ve been waiting 20 years for that, “said Jill.
She then had to wait another three years for compensation and was awarded £ 5.6 million. But she says no one can determine the price for the damage. “It was not about the money, the compensation, but about finding out what happened.
She describes the legal process as a “battlefield” and says it should be made easier for families.
In her case, the angry lessons were not learned. Since receiving compensation, a recent report by independent midwife Donna Okendon has revealed that hundreds more babies have died or suffered brain damage at the same NHS trust.
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8:44 “Significant failures” in the investigation of infant deaths in Shrewsbury and Telford NHS Trust
Health and Welfare Committee Chair Jeremy Hunt said that “the NHS Patient Compensation Compensation System is long overdue for reform.
“We call on the government to accept our recommendations to reduce both the number of tragedies and the rising costs of the NHS.
“Under the current system, patients have to fight for compensation, often a bitter, slow and stressful experience, with a quarter of the huge sums funded by taxpayers end up in lawyers’ pockets.
“We need a better system to learn from mistakes, following the example of countries like New Zealand and Sweden. We need to move away from a culture of accusation, one that is based on the prevention of future harm. “
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3:08 A mother whose baby died in hospital after failures in maternity care tells her tragic story.
Read more: Babies killed in UK’s worst maternity scandal
But lawyers disagree. Guy Forster of the Association of Personal Injury Lawyers (APIL) says patients who have been injured will eventually be “replaced.”
“Ultimately, this will increase the number of people who can sue,” he said.
“The only way we have a chance to fund this system is to reduce damages payments for everyone.”
A government spokesman said: “The rising cost of clinical negligence is unsustainable and is putting additional pressure on public resources, so we are working across the government to address this and will consult on the issue.
“We have recently consulted on proposals to address disproportionately high court fees for lower-value clinical negligence claims, and NHS Resolution is working to resolve claims faster, with better value for money.
“Patient safety is a top priority and we continue to take action to improve safety, training and learning.”
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