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NHS faces threat from compensation culture

Clinical negligence claims against the NHS are at record levels. The Government has allocated �7.8bn over the next 10 years to deal with them.

So, in October 2005, it proposed setting up a compensation scheme under the NHS Redress Bill.

The Department of Health wants claims under �20,000 out of the courts to limit the spiralling costs involved.

But there are concerns that an organisation that currently contests claims, the NHS Litigation Authority, would be responsible for setting it up and running it.

Rob and Ann Brown, who live near Taunton, have just settled a claim of �14,000 against Musgrove Park Hospital following the death of their son Samuel four years ago.

They have deep reservations that such a scheme would work, having used the legal process to find out how he died because they were not satisfied with they way they handled their concerns.

"Speak to other people who have gone through the same thing we have and they will tell you that all they want is to find out what happened, and an apology if that is necessary," said Rob.

"If we had not gone to a clinical negligence lawyer, we would not have found out the truth," said Ann.

They have since had two other children at the hospital - Charlotte, three, and Lidia, aged eight months.

They say they have had excellent care, and bear no grudges. They now plan to give their compensation to charity.

Musgrove Park Hospitals said: "It would not be appropriate for us to comment on this specific case with the family's expressed permission.

"However Taunton and Somerset NHS Trust welcomes the proposals made for the NHS Redress Bill.

"We are aware that the current system for handling and responding to clinical negligence claims in the NHS can appear complex and slow.

"Taunton and Somerset NHS Trust always seeks to investigate thoroughly concerns raised by patients, relatives or carers about the care they have received at the hospital."

Peter Walsh, chief executive of the charity Action Against Medical Accidents says he has "serious concerns" about the Redress Bill as it stands, and that "it is unlikely to be fair to patients and families and would lack credibility and public confidence".

The charity's main concern was that the NHS Litigation Authority will decide whether cases have merit, and then offer compensation, while trying to cut costs.

In a statement the Department of Health said the authority was the "ideal choice" to oversee its proposed scheme.

It added: "The NHS Redress Scheme will offer patients an alternative to litigation, avoiding the long delays and legal costs typical of the current system.

"However, patients will, of course, retain the right to litigate.

"The NHS Redress Bill means fairness for patients, not fees for lawyers. It is an important step in preventing a US-style litigation culture."

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