General practices may be hit with Covid-related clinical negligence claims worth £44 million, NHS Resolution cautiously estimates. £885 million in new claims are predicted in total for 2020-2021, with trusts also likely to face negligence claims of £665 million. As NHS Resolution are yet to receive any pandemic-related claims, they’re calling the figures “broad estimates” of the financial impact of Covid-19.
Time lag between claims being received and settled
“Actual experience may differ quite considerably from the estimates we provided for in our 2020/21 accounts, but it will be several years before we are likely to be able to confirm that, due to the time lag between incidents occurring, claims being received, and then being settled, particularly for clinical negligence claims”, an NHS Resolution spokesperson said. Moreover, “new potential sources of claims” arising from the pandemic for 2021-2022 could total around £900 million, the most recent annual report concludes. However, since clinical work was halted during the pandemic, claims are expected to decrease by around £400 million — resulting in a £500 million net total of pandemic-related claims made against the NHS.
Medical negligence
Almost 4 in 5 UK GP are concerned about facing investigation if patients experience harm due to services being limited or withheld or referrals delayed. In fact, there’s already been a 23% increase in the number of GPs with complaints and claims made against them currently being supported by the Medical Defense Union — its busiest period ever. If medical professionals fail in their duty of care and cause injury or worsening of an existing condition, patients may be able to make a claim. By contacting an experienced medical negligence attorney, patients can determine whether they have a case and how much compensation they may be entitled to.
“Double jeopardy”
“Doctors have faced a double jeopardy when treating patients during the pandemic, to both their own health and also to the future risk of Covid-related claims”, said Dr Naeem Nazem, head of medical division at the Medical & Dental Defense Union of Scotland (MDDUS). As such, the MDDUS have campaigned “relentlessly” to ensure “all the unique circumstances of Covid-19 are taken into account when regulators and the courts have to consider these matters. Although state-backed schemes are in place to cover the costs of clinical negligence claims made in relation to Covid-19, we recognise the significant personal impact these will have on doctors”, says Dr. Nazem.
MPS is recommending “an independent expert committee to make recommendations on how patient complaints and claims against doctors can be dealt with fairly relating to this or any other future pandemic”. And, Dr. Rob Hendry, medical director at the Medical Protection Society (MPS), says GPs must be assured complaints are handled “proportionately and fairly, with the relevant authority evaluating cases and claims in the context of the extraordinary circumstances they are working within. A package of legal reforms is needed to control rising costs and help to strike a balance between compensation that is reasonable, but also affordable for the NHS and society”, he says.
