The Legal Week.co.uk

HOSPITALS must not be target for compensation claims, says NHS litigation authority

Posted by Deborah James on September 4, 2007 6:03 AM | 

THE chief executive of the body responsible for dealing with NHS compensation claims has warned it will not allow hospitals to become easy targets for high legal costs.

Steven Walker, head of the NHS Litigation Authority, spoke out as new figures for Merseyside and Cheshire show fewer claims for non-medical incidents were made in the last 12 months.

The figures – which include everything from bullying to third- party liability claims – show 261 claims were made against the region’s hospitals, down from 285 the previous year.

Yet the average amount awarded in costs was up, from £3,219 to £3,374. And the average payout also rose, from £7,655 to £8,822.

There had been concerns in some parts of the NHS that solicitors, particularly the no-win, no-fee specialists, would target the NHS as local councils began to investigate more fully the claims they received for “trips and slips”.

Mr Walker said: “There was a time when councils were seen as a soft target, but in recent years they have tightened up. It would be foolish for a solicitor to think that the NHS is also a soft target

“It is much harder to make up a claim that you tripped or slipped in a hospital than saying you did it on a road, because there are many more ways of double- checking the claim.

“The claims we are talking about here cover a wide range of issues, basically anything which isn’t clinical, but they are all investigated thoroughly.

“Our message is that we believe compensation should be paid where it is due, but that the NHS thoroughly investigates all claims."

The NHS litigation authority receives a premium each year from NHS trusts to cover the costs of investigating claims and, where appropriate, making payouts.

St Helens and Knowsley Hospitals NHS Trust had the highest amount of payouts made – costing £622,788, which included £263,796 in claimant costs.

That was followed by Merseycare, the mental health trust, which had success claims worth £226,000 made against it, including £106,523 in costs.

Alder Hey’s claims cost £160,019, the Royal Liverpool and Broadgreen Hospital came in at £179,589 and Wirral Hospitals NHS Trust at £214,307.

The Trust with the highest number of claims made was Wirral, at 48, followed by Aintree Hospitals NHS Trust at 36, and then Royal Liverpool at 32.

Earlier this year, the Daily Post revealed that in the last year the NHS in Merseyside and Cheshire has paid out £3.8m in claimant costs, on top of £11.1m in damages for claims of medical negligence.

EARLIER this year, a former secretary at Merseycare NHS Trust in Liverpool secured £70,000 after being forced to leave on grounds of ill health.
Trade union Unison secured the compensation for their member Adele Dodd via their free legal help scheme with personal injury specialists Thompsons Solicitors.
The fact that the compensation includes loss of future earnings – because it recognised Mrs Dodd would have worked for another eight years.
That, say Thompsons, could make a difference to future claims.
Helen Templeton at Thompsons Solicitors in Liverpool, said: "According to medical expert advice, Adele Dodd would have been able to carry on working until 60 years of age if this accident had not happened. The compensation is therefore wholly justified.
“Clearly employers need to take responsibility for their staff and ensure measures are in place to avoid such injuries."
At the time of the accident in July 2003, Mrs Dodd was trying to push a rotating filing system which had been recently installed; she injured her back when the system jammed. She was only 52 but was forced to leave her employment.
Mrs Dodd said: “At the time of the accident I still had dependent children so I was very concerned about being able to support them and pay for their education. I also loved my job so it was a big disappointment to have to be forced from my employment.”

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Comments (1)

margaret wrote...

IHAVE JUST FINISHED UP MY JOB AS A STAFF NURSE DUE TO A SILLY HOOVER CABLE ON THE FLOOR AND NOW I CANT WORK AS A CRITICAL CARE NUSRE BECAUSE THE GIRL WITH THE HOOVER WASNT DOING HER JOB RITE I BET SHE IS STILL WORKING AND STILL NOT DOING HER JOB RITE AND WHO CARES ABOUT ME? Clearly employers need to take responsibility for their staff and ensure measures are in place to avoid such injuries."

Posted by: margaret  | January 7, 2008 10:05 PM

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