This week APIL launched its new clinical negligence research report to dispel the myths and misinformation that surrounds thinking on compensation claims against the NHS.

The compensation paid to victims of negligent NHS treatment is never far from scrutiny, including the on-going Department of Health and Social Care review. The Government is due to set out its policy and next steps on clinical negligence litigation this autumn.

APIL has been working hard to ensure the truth behind the compensation bill, including the legal costs, is properly understood by policymakers and the public.

Our latest report Clinical Negligence - The reality behind the myths tackles head-on the distorted and damaging statements which have over the years been presented as ‘fact’. Such inaccuracies risk doing real damage to injured people, the NHS, and wider society.

APIL vice president Suzanne Trask, members of the APIL team, and I briefed MPs on the report and its contents this week in Westminster.

Policymakers must have accurate information at their fingertips when they make decisions that will affect victims’ lives, the NHS, and the future of healthcare in England. The report sets out the importance of compensation to victims, the real drivers behind rising spending on clinical negligence claims, and the dangers of some suggestions for reform which would reduce access to justice.

Our research shows that the public overwhelmingly supports victims receiving compensation if they suffer harm because of negligent treatment at the hands of the NHS.

The report lays bare that at the heart of the clinical negligence bill are serious failings in patient safety. Last year alone, NHS England recorded 1.1 million patient safety incidents.

Having access to independent legal help and compensation are key to supporting victims as they try to get their lives back on track.

We told MPs that in cases where victims have suffered significant, or life-changing harm, then the compensation cost is understandably higher.

A huge component of the NHS’s compensation bill is accounted for by avoidable harm during births, which is the subject of another forthcoming action plan from the National Maternity and Neonatal Taskforce following numerous scandals in maternity services across the country. The children in these cases are some of the most catastrophically injured patients we see. Many need specialist help with all aspects of daily life and will never become fully independent. The cost of looking after a brain-damaged child for life is inevitably expensive. 

To put this into context, £112 million could be saved if the NHS prevented just ten negligent incidents of brain injury or cerebral palsy to babies.

Delays in settling compensation claims have increased by 58 per cent too. The longer a case runs, the higher the legal costs. The NHS has the wherewithal to cut delays, but often needlessly drags its heels.

Abiding by the legal duty of candour to be open and honest with patients when negligence occurs would help. Too much time is eaten up by needless denials by the NHS that harm has occurred, or a failure to impart essential information about what happened.

We have set out potential areas for reform. The starting point must always be to reduce the avoidable harm caused to patients. But if harm does happen, the NHS has to improve its response by being transparent and must put the injured patient at the heart of the process.

We have given a copy of the report to the MPs who attended the briefing and I would urge anyone working for, and in the interests of, injured victims of clinical negligence to read it here.

I’m looking forward to meeting colleagues from across the clinical negligence legal sector at the end of the month at APIL's dedicated three-day conference. We’ll discuss latest policy developments, defendant tactics, expert evidence, solicitor-counsel collaboration, and practical ways to manage delays with fellow residential delegates at a special roundtable the night before the conference begins.

The session will be fully confidential, so there’s real scope to openly discuss issues people are facing as well as what’s working. I hope to see plenty of people there to compare notes with other clinical negligence lawyers facing the same pressures and take away practical ideas so that we can continue to do all we can to get the best outcomes for our clients in the face of the wider challenges.