Compensation Culture – Myth or reality?

The media loves us to hate the personal injury lawyers with emotive terms such as ‘fat cat lawyers’, ‘creaming money off the NHS’ and the real favourite ‘Britain’s Compensation Culture’ bandied about. There is, no doubt, a perception of a compensation culture but the figures show no real increase in claims other than those made after road traffic accidents.  Whilst more whiplash claims are being made the statistics have been skewed by the fraudsters who stage accidents often with a number of people in the car to ensure maximum compensation recovery. Clearly this needs to be stamped out and quickly. Oddly if a friend or relative tells us they were hit by another vehicle we are unsurprised, and perhaps expect, a claim is being made. When a friend or relative tells us they are making a claim against a doctor who has caused them injury the reaction is one of disapproval and unease. It was interesting to see the GMC report of complaints against doctors having risen 23%. They say this is not due to standards falling but patients being more prepared to complain than previously, and having higher expectations. I think this is almost certainly right and there is no reason why doctors, as in common with other professions, should not be brought to account when that is necessary and no reason why people should feel there is a stigma attached to complaining about a doctor or making a claim when they are injured. Contrary to popular belief proving negligence is difficult. We all make mistakes and doctors are no different. The law allows them to make mistakes without the fear of litigation. It is only when their treatment or surgery would not be supported by a reasonable body of doctors that a claim can possibly be made. Most lawyers specialising in clinical negligence work are committed to doing the best for their clients many of whom sadly have life changing injuries and, despite what the Daily Mail would like us to believe, they did so last year at a cost 7% lower than the previous year.

by Sara Westwood at sarawestwood@m-j-p.co.uk 

£5.6 million award of compensation

Sara Westwood, partner and clinical negligence expert with MJP Solicitors has recently settled a case for an 11 year old girl who suffered a significant brain injury around the time of birth as a result of mismanagement of her mother’s labour. Last month the High Court in London approved a settlement of £5.6 million the majority of which reflects the extent of the care she will require during her lifetime.

If you have a similar concern or wish for further information please contact Sara Westwood on 01603 877000 or by e-mail at sarawestwood@m-j-p.co.uk

MJP Solicitors have a specialist team of clinical negligence injury claim experts who offer free legal advice about taking a claim, if you, a friend or relative have been the victim of medical negligence please get in touch with MJP Solicitors to find out what to do next on 01603 877000

Abolition of Legal Aid for Clinical Negligence

The snappily titled Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) has very recently become law and effectively closes the door for the vast majority of people seeking legal aid for clinical negligence claims. Only babies who sustain injury during labour, birth or in the immediate aftermath of birth will be entitled to legal aid. The changes will be implemented on the 1st April 2013.

The Government took the view the annual legal aid bill footed by the tax payer is excessive and needed to be slashed. Clinical negligence claims form only a very small proportion of the overall legal aid budget so it is questionable whether it will produce any real saving and some commentators consider the abolition of legal aid for clinical negligence will in fact only increase the cost to the taxpayer.

This is for the reason more cases will now have to be funded on a No Win No Fee basis in which circumstances the NHS Litigation Authority, claims handlers and insurers for most hospital trusts around the country, will have to pay a success fee as well as paying costs. The NHS Litigation Authority, a body which is also tax payer funded, suggested the Government should re think the position as they considered the abolition of legal aid would increase rather than decrease costs. It seems it all fell on deaf ears! I suspect any saving will be minimal if at all. The biggest losers will however be those injured by medical mistakes as they may now be denied access to justice due to lack of funding.


by Sara Westwood at sarawestwood@m-j-p.co.uk 

£30,000 compensation claim for HIP replacement hospital error

In excess of £30,000 recovered for a hip replacement which was carried out negligently when a globule of cement was dropped into the hip causing a thermal burn to the femoral nerve and required remedial surgery  After an initial period of disability the Claimant had made a reasonably good recovery but needed care and assistance from his partner in the early days. 

For further details on this or indeed any other clinical negligence claims contact:

Simon Bransby at simonbransby@m-j-p.co.uk or call 01603877000