The Government must not lose sight of the value of injury claims to society and the economy as it considers reform to tackle NHS spending on negligence, APIL’s new president warns.
“Claims for redress are all too often viewed by policymakers as a financial burden, when in reality it is evident that supporting injured victims of negligence is an economic enabler,” said Guy Forster, who took the helm at APIL on Thursday (14 May).
“Access to justice and fair compensation enables better recoveries from harm, helps to get people back to work, and reduces dependency on state welfare and health and social care,” Guy said.
Guy’s comments come as the sector awaits the outcome of a Department of Health and Social Care review of clinical negligence, and the Government’s decisions on recommendations from the Public Accounts Committee (PAC) due in the autumn.
“The biggest point of all is that negligence and needless human suffering are the real burdens. Patient safety must be the focus,” said Guy.
“There are obvious ways to cut the cost of spending, without damaging access to justice. A lack of transparency in reaction to harm means lessons are not learned. Families deserve candour and meaningful discussions about what happened,” he went on.
Guy cited the Public Office (Accountability) Bill, which would impose a duty on public authorities and public officials to act with candour, transparency and frankness.
“It would go a lot further towards improving patient safety, reducing costs, and aiding swifter outcomes for injured patients than some of the ideas suggested in the current raft of investigations on clinical negligence spending,” he said.
“Repeal of the right of injured patients to claim for the cost of private healthcare, for example, will not reduce spending in any noticeable way and force extra patients into the stretched NHS. It would only serve to deny victims of NHS negligence the support they need,” he went on.
APIL’s research shows that only four per cent of damages spending is impacted by the existence of the right to claim for private treatment.
“No matter what comes next, there must be proper engagement with patient representatives, including the legal profession, and any decisions must be founded in evidence,” Guy said.
Guy Forster is a clinical negligence specialist solicitor and partner at Fieldfisher, handling maximum severity complex cases for both children and adults, and inquests. He has been an APIL executive committee member for five years, including as vice president since 2024. Most recently, Guy has provided evidence to Baroness Amos’ review of maternity care on the association’s behalf.