Every year, NHS Resolution (NHSR) helps to resolve thousands of legal claims on behalf of the NHS in England. This month, the organisation published its annual report, which outlines its dispute resolution strategy and summarises the volume of claims, both by type and value, across a 12-month period.
Medical negligence, in any form, can have profound consequences on the lives and livelihoods of patients and their families. Whilst NHSR is increasingly settling claims before they reach court (accounting for 81% of all claims), or indeed, finding ways to settle claims without the need to pay any compensation, it is still vital that patients are fully informed about the options open to them.
Often there is criticism of the legal community for pursuing action against the NHS on behalf of victims; that the significant sums spent defending claims and paying legal costs could be better spent elsewhere. Whilst we recognise those valid concerns, we strongly believe that any victim of medical negligence has the right to receive support and guidance through the complex claims process.
In some cases, our clients have very severe disabilities needing 24-hour care because of injuries sustained under the care of the NHS. Our solicitors have helped recover millions of pounds in compensation for our clients, which has been used to cover ongoing care, accommodation, aids and equipment as well as provide financial compensation for the actual injury.
The latest NHSR report highlights once again significant issues around maternity care in England, with this, by far, being the leading source of compensation payments. If you have unfortunately experienced complications during pregnancy, it is important to seek out expert support. Birth injuries can be very complex and without specialist support from a medical negligence solicitor, parents can often take the NHS’ assessment at face value. They can also be unaware of their child’s long term future health requirements and the benefits bringing a claim has in helping meet what are often lifelong needs.
For NHSR to be dealing with claims without the claimant having a solicitor remains worrying. There is supposed to be a duty of candour, but this can, on occasion, be lacking. We increasingly see clear cases of medical negligence initially defended by NHSR, forcing claimants to go through the stress and costly exercise of issuing court proceedings in order to continue their claims. These claims are then quickly admitted and settled when they are transferred to external solicitors.
For these reasons it is incredibly important people have access to justice to ensure a level playing field and fairness.
If you or a loved one has suffered an injury due to the negligence of a medical or health professional, including a birth injury, then we may be able to help you pursue a claim for compensation. Our leading team of experts are on hand to offer advice, so please get in touch with us on 0161 696 6165 or complete our online enquiry form and we will contact you directly.
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