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10 February 2011
Issue: 7452 / Categories: Legal News
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Negligence hurts NHS

The NHS bill for clinical negligence continues to rise each year, according to the Clinical Negligence Annual Report 2011 published by Penningtons Solicitors LLP.

In 2010, clinical negligence claims rose by more than nine per cent while the amount paid out in damages by the NHS Litigation Authority (NHSLA) increased six per cent to more than £650m. NHS trusts paid £756m in damages and costs for clinical negligence claims. The total value of obstetrics and gynaecology specialty claims reached £4.4bn in 2010, 18.7% higher than the 2009 claim value of £3.7bn. Surgery accounted for £1.8bn of claims and medicine saw claims totalling £1.4bn.

Phillipa Luscombe, Penningtons clinical negligence partner and co-author of the report, says: “It is frustrating that NHS trusts fail to learn from their mistakes. Contributions from NHS trusts towards damages and costs payments in 2009–10 were £756m with the highest from any individual trust being £13.9m. Surely it would be better for trusts and patients alike if this money was spent on improving standards of patient care rather than unsuccessfully fighting negligence claims.

“It is surprising that the NHSLA still holds out for so long in many cases before either admitting liability or entering negotiations. A full admission is often only made and a settlement negotiated just a few weeks from trial.”

Issue: 7452 / Categories: Legal News
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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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