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10 December 2021 / Hugh Johnson , Miriam Spencer
Issue: 7960 / Categories: Features , National Health Service
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NHS litigation reform: getting it right

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Hugh Johnson & Miriam Spencer weigh up the current system of litigating against the NHS: is root-and-branch reform the answer?
  • Responses to the Health and Social Care Committee’s consultation on NHS litigation suggest that improvements to the current system, as opposed to wholesale reform, are the way forward.
  • Suggested improvements include a more robust system of investigation and the dissemination of lessons learnt throughout the NHS, to avoid the same mistakes happening again.

The Health and Social Care Committee recently invited evidence on NHS litigation reform in the light of perceived increasing litigation costs. More than 60 written responses to the consultation were received from a range of interested parties, including the Healthcare Safety Investigation Branch (HSIB), the Bar Council, claimant and defendant law firms, and healthcare providers. Most recently, the committee heard oral evidence from legal experts and the families of those affected by failures in NHS care.

The frame of reference for the consultation indicated that the committee would look at several themes as part

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