They say that under the current system, “lessons are rarely learned” and “access compensation is slow, aggressive, stressful and often bitter.” Last year, the NHS spent more than 2 2 billion in compensation to patients who were injured during treatment. This equates to the annual operating costs of four medium-sized hospitals. The report warns that the cost of compensation is set to double over the next decade to 4 4.6 billion, with a quarter of the cost going to lawyers. Currently, legal action offers the only way for patients to fight for compensation. The report recommends removing the need for evidence of clinical negligence. Instead, an administrative body will be responsible for investigating cases. The Health and Social Welfare Committee report warns that “maintaining a costly and controversial litigation system is increasingly at odds with our understanding of how the NHS should respond to care failure.” “We urgently need a system where the highest priority is the prevention of future failures.” Jill Edwards had to fight for two decades to receive compensation after medical errors during childbirth that left Kirsty’s daughter with multiple disabilities. She remembers that a doctor came to talk to her immediately after the birth, but says that she was not given any explanation for what had happened. “I was told my daughter was very ill because she was in intensive care. “She said, ‘If she lives to see the week out, she’ll be blind, deaf and dumb.’” “There are places for such babies to go.” She kept asking why Kirsty was so sick, but they made her feel guilty about what had happened. Image: Kirsty suffered multiple disabilities due to a birth defect “I was always told ‘it’s one of those things.’ Image: Shrewsbury and Telford NHS Trust It was only when a GP suggested that Kirsty’s disability could be the result of medical errors during childbirth that Jill first contacted a lawyer. He began his legal career in 1989, six years after Kirsty was born. Kirsty was just 20 years old when the Shrewsbury and Telford NHS Trust finally accepted responsibility. Picture: Jill Edwards, pictured with her daughter Kirsty The medical records from birth, which had previously been told to Jill that she was missing, described a number of errors. “A letter was spread over the table, which was the letter of apology and it literally said ‘we’re really sorry about what happened on January 30.’ And I thought, ‘Is that it?’ “I waited 20 years for that,” said Jill. She then had to wait another three years for compensation and was fined ,6 5.6 million. But he says no one can pay the price for the damage done. “It was not about the money, the compensation, it was about finding out what had happened.” He describes the legal process as a “battlefield” and says it should be made easier for families. In her case, she is angry the lessons were not taken. Since receiving compensation, a recently published report by independent midwife Donna Ockenden has revealed that hundreds more babies have died or suffered brain damage in the same NHS Trust. Use the Chrome browser for a more accessible video player 8:44 ‘Significant failures’ in infant mortality investigation at Shrewsbury and Telford NHS Trust The chairman of the Health and Social Welfare Committee, Jeremy Hunt, said that “the NHS patient compensation scheme is long overdue for reform. “We urge the government to adopt our recommendations to reduce both the number of tragedies and the rising costs for the NHS. “With the current system, patients have to fight for compensation, often a bitter, slow and stressful experience with a quarter of the huge sums financed by taxpayers ending up in lawyers’ pockets. “We need a better system that learns from mistakes, following the example of countries like New Zealand and Sweden. We need to move away from a culture of responsibility, to a culture that focuses on preventing future failures.” Use the Chrome browser for a more accessible video player 3:08 A mother whose baby died in hospital after failures in her obstetric care tells her tragic story. Read also: Babies who died in the worst maternity scandal in the UK But lawyers disagree. Guy Forster of the Personal Injury Bar Association (APIL) says injured patients would end up being “abrupt”. “Ultimately, this will increase the number of people who can file claims,” he says. “The only way we can fund this system is to reduce compensation payments for everyone.” A government spokesman said: “The growing cost of clinical negligence is unsustainable and puts additional pressure on public resources, so we are working with the entire government to address this and we will consult on the matter. “We have recently consulted on proposals to address disproportionately high legal fees for lower value clinical negligence claims and the NHS Resolution is working to resolve claims more quickly, with better value for money. “Patient safety is a top priority and we continue to take action to improve safety, education and learning.”
