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