Thursday, 19 May 2011

No win no fee agreements are blamed for rise in medical negligence claims

No win no fee agreements have been blamed for a sharp rise in the number of medical negligence claims.

The Medical Defence Union says claims increased by almost 20% in 2010 after several years of stable figures.

More than half of the allegations were made against GPs for delayed or wrong diagnosis, with 15% resulting from a failure to refer patients and 10% from medication errors.

The MDU, which indemnifies more than half of GPs in the UK, today claimed that Conditional Fee Arrangements (CFAs) may be the cause of the rise.

Head of claims Jill Harding said: ‘While we cannot know all the reasons behind an individuals patient’s decision to bring a claim after an adverse event, a factor in this increase may be the availability of ‘no win, no fee’ arrangements which enable claimants to litigate with no financial risk.

‘The current difficult economic times may also be a factor.

'We see no evidence, however, of any deterioration in standards of care or in the professional relationships between our GP members and their patients.’

The MDU is continuing to lend its support for legal reform of the claims system, due to be debated in Parliament this summer following the recent publication of the Jackson Report.

Simon Oates, Chief Executive of gocompensate.com said "I am afraid Jill Harding is taking a 'fashionable' cheap shot at the 'No win no fee' market blaming these for the rise in medical negligence claims.

Solicitors not only provide a service but they also run a business and it is not in their interest to accept claims that have no prospect of success.

The rise in claims must therefore be connected with rise in negligent operations and misdiagnosis carried out by the MDU members which must surely be the top priority on Mrs Harding's desk now that she has managed to blame the legal profession".

source: lawgazette.co.uk

Medical Negligence Claims
Misdiagnosis Claims
Surgical Errors