An investigation by NHS Resolution has revealed that compensation paid out for harm and deaths caused by NHS medical delays and negligence have doubled in the past 5 years.
Patient groups have warned that lives were being lost due to a rise in appointment waiting times which has led to delays in diagnosis and treatment.
NHS negligence payouts double
Official figures have shown that NHS compensation payouts have increased from £327 million in 2013/14 to £655 million in 2017/18. This figure includes an increase in the number of patients receiving a payout from 1,406 cases in 2013/14 to 1,789 in 2017/8.
Of the 1,789 patients who received compensation for medical negligence:
- 679 patients were misdiagnosed; and
- 1,100 patients suffered a delay or failure in treatment
Due to the severity of the cases, the total damages paid out has more than doubled since 2013/14.
Other recent findings
These findings follow in the wake of various reports detailing patients experiencing lengthy waiting times for operations and other planned treatment. Over the last 5 years the numbers of patients waiting has tripled. Meanwhile, in respect of the A&E department, it has also been reported that there are a considerable number of patients that are not seen within 4 hours of arriving at A&E.
In March this year, NHS England released statistics which showed that it has missed its cancer waiting time target for more than 1,000 days, with one in four cancer patients facing delays receiving treatment. Figures published for January 2019 showed that only 76.2% of patients are seen on time, which is the worst performance since records began.
More than 4.2 million people are on the waiting list, compared with 2.91 million in March 2014.
Patient groups responses to the NHS Resolution report – “Patients are suffering”
Action against Medical Accidents (AvMA) is a UK charity for patient safety and justice. Whilst also being a leading provider of events in medico-legal and patient safety issues, they focus their collective experience and expertise to influence policy and practice to:
- Improve patient safety and reduce medical accidents; and
- Ensure access to justice for people who have suffered when there are lapses in patient safety
Peter Walsh, Chief Executive of AvMA, said:
“These figures are extremely worrying and show that patients are suffering and even dying.
“Sadly, the figures represented by claims are probably only the tip of the iceberg…”
…with many patients and bereaved families unaware that tragedy could have been prevented had they received diagnosis or treatment earlier. Pressure is now on the Government to do more for prevent such harm to patients.
Rachel Power, Chief Executive of The Patients Association, also commented on the figures:
“We’ve always known that longer waiting times mean longer periods in pain and discomfort for patients, and ever-increasing risk that the treatment they are waiting for will be less effective because of the delay. These figures show the cost to patients of these delays, in pounds and pence: collapsing waiting time performance is causing harm to patients, in some cases so serious that it is right that they should be compensated for it.
“Carrying on as we are means worse experiences for patients, and taxpayers’ money being funnelled into compensation payouts for harm that was readily avoidable.”
Stephen Webber, Chairman of the Society of Clinical Injury Lawyers, said legal firms were seeing increasing numbers of claims caused by long waits and misdiagnoses. He said:
“The cost of these mistakes is terrible human suffering, but also the substantial financial cost in providing the further treatment that has been caused by the errors and the potential for legal claims that could so easily have been avoided.”
Comment
Patients need the reassurance that healthcare professionals are providing a safe level of duty of care. This includes an assurance that any targets set by healthcare professional associated bodies are being met to ensure that a safe level of care is being provided to all patients.
Any delays in patients receiving treatment, or misdiagnoses of illnesses, potentially puts lives at risk and may afford any victims of avoidable injury by the NHS, eligible for bringing a claim for compensation. With compensation claims paid out for harm and deaths caused by NHS delays and negligence having doubled in 5 years, clearly urgent changes need to be made to avoid the increasing harmful impact on patients, their families and the wider public.
How Nelsons Can Help
At Nelsons, our expert Medical Negligence team in Derby, Leicester and Nottingham are specialists in clinical negligence matters and are a member of the AvMA Specialist Clinical Negligence Panel.
If you have been affected by any of the points raised in this blog, please contact us on 0800 024 1976 or via our online form.