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Found 141 results
  1. Content Article
    On Wednesday 26 January, the All-Party Parliamentary Group for First Do No Harm (APPG FDNH) held a virtual public meeting on the topic of redress schemes for those who have suffered avoidable harm linked to pelvic mesh, sodium valproate and Primodos. This meeting was an opportunity to hear from representatives of various patient groups about what victims need and what they are missing from current support mechanisms. Below is a recording of the meeting.
  2. News Article
    Injured NHS patients have spoken out about the human cost of clinical negligence in a new report published as MPs examine how to cut the health service’s bill for causing harm. The House of Commons Health and Social Care Select Committee is gathering evidence for its inquiry on NHS litigation reform. “There is a fixation on the financial cost of clinical negligence, rather than on the human cost and the reasons why injured patients have to make a claim for compensation at all,” said Guy Forster of the Association of Personal Injury Lawyers (APIL) a not-for-profit group which campaigns on behalf of injured patients and their families. “There are a lot of voices and opinions in any debate which concerns the NHS and patient safety, but they are almost never the voices and opinions of the patients. This is why APIL has commissioned The Value of Compensation report,” said Mr Forster. Patients who took part in the research cite mounting debt; uncertainty about their future health; isolation; abandoned careers; relationship breakdowns; and loss of independence, as some of the many far-reaching side effects of injuries sustained through failures in care. “Patients are devastated to have trusted the NHS with their health and then have to live with the pain and suffering of an injury which should have been avoided,” said Mr Forster. “This report provides new insight on how compensation can help rebuild their lives.” “None of them relish having to make a claim for compensation. I cannot stress enough that the money is never, ever a ‘windfall’ for an injured patient,” he went on. “It is obvious that full and fair compensation is critical for injured patients. It should go without saying that the cost of compensation would be cut if the harm were not caused in the first place. But it is critical that when things go wrong, injured people are cared for properly and have the chance to get back on track.” Read press release Source: APIL, 12 January 2022
  3. Content Article
    The essential purpose of compensation is to, as far as possible, enable the person who has suffered from negligent medical treatment to get back to a ‘normal life’, i.e. the position they were in prior to the negligence occurring. The impacts of negligence are wide-ranging and include job loss, poor physical health, financial troubles, relationship breakdowns and a loss of self-identity and self-worth. Patients who have suffered negligent medical treatment may be able to take legal action against the NHS and claim compensation if it can be shown that the negligence has directly resulted in injury. Patients can take legal action on behalf of themselves or on behalf of their next of kin if that person doesn’t have capacity to pursue action themselves or has died as a result of the negligence. 
  4. Content Article
    On Wednesday 26 January, the All-Party Parliamentary Group for First Do No Harm (APPG FDNH) held a virtual public meeting on the topic of redress schemes for those who have suffered avoidable harm linked to pelvic mesh, sodium valproate and Primodos. This meeting was an opportunity to hear from representatives of various patient groups about what victims need and what they are missing from current support mechanisms. The meeting heard from Kath Sansom, founder of the Sling the Mesh campaign. Attached is the speech she presented and results from the Sling the Mesh survey. View the recording of the public meeting
  5. Content Article
    Medication errors are any Patient Safety Incidents (PSI) where there has been an error in the process of prescribing, preparing, dispensing, administering and monitoring or providing advice on medicines.  From 1 April 2015 until 31 March 2020 NHS Resolution received 1420 claims relating to medication errors.  This leaflet from NHS Resolution analyses closed claims that have been settled with damages paid and concern an element of the medication process: prescribing, transcribing, dispensing, administering and monitoring. 
  6. Content Article
    Obstetric incidents can be catastrophic and life-changing, with related claims representing the Clinical Negligence Scheme for Trusts’ (CNST) biggest area of spend. The Maternity Safety Strategy set out the Department of Health and Social Care’s ambition to reward those who have taken action to improve maternity safety supported through the Maternity Incentive Scheme. Year four of the Maternity Incentive Scheme launched on 9 August 2021. The scheme supports the delivery of safer maternity care through an incentive element to trust contributions to the CNST. The scheme, developed in partnership with the national maternity safety champions, Dr Matthew Jolly and Professor Jacqueline Dunkley-Bent OBE, rewards trusts that meet ten safety actions designed to improve the delivery of best practice in maternity and neonatal services. In the fourth year, the scheme will further incentivise the ten maternity safety actions from the previous year with some further refinement.
  7. News Article
    A patient who suffered internal bleeding from surgery following an incorrect diagnosis, said he has "nightmares" about how he was treated. The public services ombudsman for Wales said it was "completely avoidable" and recommended health officials make a redress payment of £10,000. The man was initially referred to Cardiff's University Hospital of Wales with appendicitis. But, after a number of tests and scans, it was wrongly determined he had Crohn's disease, and colon surgery was recommended which led to a series of complications. The man, known as Mr D in the ombudsman's report, suffered internal bleeding from the initial surgery and required a stoma, despite being told the chances of that were "very, very slim". He also developed a hernia which required further surgery, and a mesh to be inserted. "I try and do things that wouldn't have been a problem for me years ago, and find I struggle," he said. "Sometimes I wake up still in pain from some of the scars. I sometimes have nightmares." The man, who has Asperger's syndrome, also said it was not taken into proper consideration during consultation. "I don't think there's a lot of things where people do take into account neurodiversity," he said. Ombudsman Nick Bennett called the case "regrettable" after investigating the man's complaint. "Physicians responsible for Mr D's care should have employed a watch and wait approach in which his condition would probably have settled without surgical treatment," he said. "Instead, Mr D, a vulnerable individual, faced completely avoidable trauma of unnecessary surgery and post-treatment complications - a trauma which saw him seek mental health support." Cardiff and Vale University Health Board said it accepted the findings. Read full story Source: BBC News, 7 December 2021
  8. News Article
    A couple whose child died in the womb after mistakes by maternity staff have received a £2.8m settlement. Sarah Hawkins was in labour for six days before Harriet was stillborn at Nottingham City Hospital in April 2016. Hospital bosses initially found "no obvious fault", but an external inquiry identified 13 failings in care. Solicitors representing Mrs Hawkins and husband Jack said it was believed to be the largest payout for a stillbirth clinical negligence case. Mrs Hawkins was nearly 41 weeks' pregnant when Harriet was delivered, almost nine hours after dying. The couple were first told their child had died of an infection but refused to accept this and launched their own investigation. A Root Cause Analysis Investigation Report published in 2018 concluded the death was "almost certainly preventable". The report said errors included a delay in applying appropriate foetal monitoring, the important omission of information on an antenatal advice sheet and a failure to follow the Risk Management Policy for maternity. It also found failures to record or pass on information correctly, failure to follow correct guidelines and delays in administering the correct treatment. Following the report's publication, the hospital trust apologised and said major changes would be made. Read full story Source: BBC News, 6 December 2021
  9. Event
    This Westminster Forum conference will be an important opportunity to examine the next steps for improving patient safety in the NHS in the context of the ongoing pandemic, the updated Patient Safety Strategy, and the MHRA consultation launched to improve patient safety and regulation around medical devices. Delegates will also discuss priorities in the context of the Health and Care Bill, which includes measures aiming to strengthen the role of the Healthcare Safety Investigation Branch (HSIB) in improving patient safety. Key areas for discussion include: system learning - assessing approaches, sharing best practice, supporting the workforce, education and training, and building a learning culture patient involvement - examining priorities for involving patients and the public within patient safety regulation - options for a more flexible and adaptable approach clinical negligence - how best to improve the negligence system the role of the HSIB - including its scope going forward and informing whole system learning COVID-19 - looking at what has been learned for patient safety and how best to drive improvements in recovery from the pandemic and into the future. Register
  10. Content Article
    In this blog Patient Safety Learning provides an overview of the key points included in its response to the call for evidence for the Health and Social Care Select Committee Inquiry examining the case for reform of NHS litigation.
  11. Content Article
    On 22 September 2021 the Health and Social Care Select Committee launched a new inquiry examining the case for reform of NHS litigation, identifying concerns regarding a significant increase in clinical negligence costs and missed opportunities for learning to improve patient safety. Here is the Association of Personal Injuries Lawyers' response to the call for evidence for the Health and Social Care Select Committee Inquiry. Related reading Patient Safety Learning's response to the NHS Litigation Reform AvMA's response to the NHS Litigation Reform
  12. News Article
    Negligent maternity care in the NHS has cost taxpayers an “eye-watering” £8.2bn over the past 15 years, The Independent reveals. Ministers face calls to urgently increase spending to ensure maternity units are safe for women and babies by providing adequate staffing levels, training and equipment. New data, obtained by The Independent from NHS Resolution, which handles clinical negligence costs for the service, reveals that total payments made following settled cases and legal costs rose from £271m in 2006-07 to an estimated £920m in 2020-21. The number of maternity claims being made by families has almost doubled in the past decade, rising from 391 in 2009-10 to 765 in 2019-20. Recent maternity scandals at the Shrewsbury and Telford Hospital Trust, East Kent Hospitals University Trust and at hospitals in Nottingham have all had common themes around poor culture, a lack of honesty and not enough staff or equipment. The Department of Health and Social Care is exploring how it can make changes to the UK clinical negligence system to reduce the costs to the taxpayer. Health minister Nadine Dorries told MPs on the Commons health committee in February that the reforms would look “across the NHS… not just maternity, at how issues of no-blame, no-fault compensation and clinical negligence are treated”. Read full story Source: The Independent, 20 September 2021
  13. Content Article
    Working together and maximising the benefits of intelligent technology can have a truly transformative impact on clinical negligence claims, writes Molly Kent, a patient safety specialist at Radar Healthcare, in this HSJ article. Claims essentially arise out of dissatisfaction, usually with a process, service or poor patient journey. Each claim represents an individual’s story – no two cases will be identical, just as no two patients are identical. Molly argues, however, that it’s when we bring the information from claims together that we can truly learn. Rather than looking at each case in its own silo, we should be building the big picture, and considering things like systems of internal control, human factors, communications, audit and education.
  14. Event
    This conference, which is Chaired by Simon Hammond, Director of Claims Management, NHS Resolution, will update clinicians and managers on clinical negligence with a particular focus on current issues and the COVID-19 pandemic and the impact on clinical negligence claims. Featuring leadings legal experts, NHS Resolution and experienced clinicians the event will provide an update on current claims the conference will discuss why patients litigate, The Coronavirus Act 2020 and Clinical Negligence Scheme for Coronavirus, responding to claims regarding COVID-19 and the implications of the coronavirus clinical negligence claims protocol. There will be an extended masterclass on trends in clinical negligence claims and responding to claims followed by an extended focus on Maternity Claims. The conference will close with a case study on the advantages of bringing together complaints, claims and patients safety investigation, and practical experiences of coronavirus complaints and claims at an NHS Trust – including understanding the standard of care on which services should be judged, and a final session on supporting clinicians when a claim is made against them. For more information visit https://www.healthcareconferencesuk.co.uk/virtual-online-courses/clinical-negligence or email kate@hc-uk.org.uk hub members receive a 20% discount. Please email info@pslhub.org for discount code Follow the conversation on Twitter #clinicalnegligence
  15. Content Article
    A new best practice guide helping trusts learn more from NHS negligence claims has been issued in the drive for better patient safety. With the cost of harm for clinical negligence claims from incidents in 2019/20 expected to cost the NHS £8.3 billion, the Getting It Right First Time (GIRFT) programme and NHS Resolution have worked together to produce 'Learning from Litigation Claims', offering trust clinicians, managers and legal teams a practical and structured approach to claims learning, and sharing examples of best practice from across England. The aim is to maximise what can be learned from litigation, for the benefit of patients and to curb escalating costs.
  16. News Article
    Detectives are examining a series of baby deaths at a troubled NHS trust as the number of cases being investigated by an independent inquiry nears 200 – making it one of the worst maternity scandals in NHS history. The Independent has learned officers in the serious crime directorate at Kent Police are looking at unsafe maternity care at the East Kent Hospitals University Trust and have held a series of high-level meetings, including with the Crown Prosecution Service. The discussions are believed to centre on the possibility of opening a criminal investigation and bringing charges related to corporate manslaughter and/or gross negligence manslaughter. If this goes ahead, it would be only the second time an NHS trust had faced a corporate manslaughter charge. Today, former health secretary Jeremy Hunt said he was “deeply concerned” about the new revelations and added that this latest scandal showed “deep-seated cultural and systemic issues” in maternity care. Read full story Source: The Independent, 24 May 2021
  17. News Article
    More than 2,500 women who were victims of the PIP breast implant scandal should receive compensation, a French appeal court has decided. It also upheld an earlier judgement finding German company TUV Rheinland, which awarded safety certificates for the faulty implants, negligent. The case in Paris involved 540 British women, who said they suffered long-term health effects. The results could have far-reaching implications for other victims. Jan Spivey is one of the women in the case. She was given PIP implants after she had a mastectomy due to breast cancer. She developed sore and aching joints, chest and back pain, fatigue, severe headaches and anxiety. Once removed it was clear her implants had been leaking silicone into her body. She says the implants have had a massive impact on her mental health. "My PIP implants from 20 years ago are still impacting on my life and my health and my wellbeing, even today." Read full story Source: BBC News, 19 May 2021
  18. News Article
    NHS hospitals have been forced to pay millions of pounds to regulators after wrongly claiming their maternity units were among the safest in the country. Seven NHS trusts, including some now at the centre of major care scandals, will have to pay back a total of £8.5m after self-assessments of their maternity services were found to be false. Families whose babies died as a result of avoidable errors at some of the hospitals told The Independent it was further evidence of poor governance and management failings. NHS Resolution, which acts as the health service’s insurer for clinical negligence, launched the maternity incentive scheme in 2018 in an effort to focus action on 10 key safety areas in maternity, including ensuring they have systems in place to review deaths, monitor women and plan staffing levels as well as reporting incidents to the Healthcare Safety Investigation Branch which investigates maternity incidents in the NHS. Among the trusts forced to give money back over the first two years of the scheme include Shrewsbury and Telford Hospital Trust, which paid back £953,000. An inquiry into its maternity service found a dozen women and more than 40 babies died as a result of poor care in one of the largest maternity scandals in NHS history. East Kent Hospitals University Trust, which is facing an inquiry into baby deaths and a criminal prosecution by the Care Quality Commission over the death of baby Harry Richford in 2017, face paying back £2.1m over two years. Derek Richford, who helped expose failings at East Kent after the death of his grandson, told The Independent it was “abhorrent” that the trust claimed “vital NHS funds by falsely claiming that they had achieved 10/10 for maternity safety when the truth was in fact 6/10. East Kent Trust did this two years running and even when asked to check their submission, reconfirmed the erroneous data to NHS Resolution.” An evaluation of the scheme by NHS Resolution said it was “recognised that recent examples of poor governance from trusts in relation to the certification of submissions require further action”. Read full story Source: The Independent, 7 March 2021
  19. Event
    This conference will update clinicians and managers on clinical negligence with a particular focus on current issues and the COVID-19 pandemic and the impact on clinical negligence claims. Featuring leadings legal experts, NHS Resolution and experienced clinicians the event will provide an update on current claims the conference will discuss why patients litigate, The Coronavirus Act 2020 and Clinical Negligence Scheme for Coronavirus, responding to claims regarding COVID-19 and the implications of the coronavirus clinical negligence claims protocol. There will be an extended masterclass on trends in clinical negligence claims and responding to claims followed by an extended focus on Maternity Claims. The conference will close with a case study on the advantages of bringing together complaints, claims and patients safety investigation, and practical experiences of coronavirus complaints at claims at an NHS Trust – including understanding the standard of care on which services should be judged, and a final session on supporting clinicians when a claim is made against them. Further information and registration or email: kate@hc-uk.org.uk hub members receive 10% discount. Email: info@pslhub.org
  20. Content Article
    Action Against Medical Accidents (AvMA) have created a set of guides to help patients raise concerns about a healthcare worker. Health professionals fitness to practise Raising concerns about doctors Raising concerns about nurses, midwives and nursing associates Raising concerns about dental professionals. Follow the link below to find out more.
  21. Content Article
    The NHS Redress Scheme, also known as the “Putting Things Right Scheme,” is a method of handling and investigating complaints about the NHS service within Wales. In NHS Redress claims, redress may consist of an apology, or a financial award of compensation of up to £25,000.00 (The limit for the NHS Redress Compensation claims). JCP Solicitors explains the Redress Scheme and how to claim under the scheme.
  22. News Article
    Mistakes by Great Ormond Street contributed to the death of a five-year-old boy, the children’s hospital has admitted – just months after it concluded a legal case with his family in which it denied responsibility. The world-renowned children’s hospital failed to flag results of a crucial blood test, showing that Walif Yafi had a dangerous infection, to doctors at King’s College Hospital where he had been receiving treatment. He died a few weeks later, in September 2017. In September this year, Walif’s parents agreed an out-of-court settlement with Great Ormond Street, which admitted negligence but denied liability for the boy’s death. However, this week the hospital admitted an expert had reviewed the case ahead of the settlement and concluded its actions did contribute to Walif’s death. The hospital said it had been under no duty to share these results with Walif’s parents at the time. Walif had a liver transplant in 2012 after suffering cancer shortly after his birth, and was being overseen by Great Ormond Street as an outpatient, as well as by the transplant team at King’s College Hospital, in south London. On 24 August 2017, he had a routine blood test at Great Ormond Street, which showed he had an adenovirus infection – something that is common in children whose immune system is being suppressed by drugs, as Walif’s was because of his transplant. If untreated, the infection can be deadly. But the blood test result was not communicated to the team at King’s College Hospital. Shortly afterwards, Walif’s health deteriorated and he was admitted to hospital. He was transferred to King’s College Hospital a week later, and it was not until 7 September that the infection was confirmed. By this stage, he was severely unwell and, though he began anti-viral therapy, Walif suffered multiple organ failure from the spread of the infection. On 30 September, he suffered cardiac arrest and died. It was only when approached by The Independent this week that the trust revealed its expert had, in the course of negotiating the settlement with Walif’s parents, determined the hospital did materially contribute to the child’s death. Read full story Source: The Independent, 29 November 2020
  23. Content Article
    Two decades ago, the Institute of Medicine published To Err Is Human, a landmark report that brought attention to medical error and became a catalyst for the patient safety movement. Around the 10-year anniversary of the report, a number of articles and studies were published that examined the impact of this movement. Nearly all concluded that it was too early to assess whether significant change had taken place. Now, new data indicates efforts after the 20-year anniversary mark have not progressed as expected. It raises vital questions and renewed areas of focus for the healthcare industry. In this article, Coverys, a provider of medical professional liability insurance, looks at the date and the key claim trends.
  24. Event
    This Westminster Health Forum conference will focus on key issues for clinical negligence in the NHS and priorities for NHS resolution. The discussion is bringing together stakeholders with a range of key policy officials who are due to attend from DHSC; the Government Legal Department; HM Treasury; the MOJ and the NAO. The discussion at a glance: a patient safety culture - assessing progress and next steps in its development in the context of the NHS Patient Safety Strategy and the publication of the first Annual progress report COVID-19 - the impact on clinical negligence risk and increased clinical negligence claims the workforce - priorities for support through a period of unprecedented pressure legal costs - options for mitigation and policy. Register
  25. News Article
    NHS Payouts linked to medication blunders have doubled in six years, fuelling record spending, official figures show. The NHS figures show that in 2019/20, the health service spent £24.3 million on negligence claims relating to medication errors - up from £12.8 million in 2013/14. The statistics show that in the past 15 years, almost £220 million has been spent on claims relating to the blunders. Previous research has suggested that medication errors may be killing up to 22,000 patients in England every year. Errors occur when patients are given the wrong drugs, doses which are too high or low, or medicines which cause dangerous reactions. In some cases, patients have been given medication which was intended for another person entirely, sometimes with fatal consequences. Other studies suggest that 1 in 12 prescriptions dispensed by the NHS involve a mistake in medication, dose or length of course. In some cases, patients have died after being given a dose of morphine ten times that which should have been administered, with other fatalities involving fatal reactions. Confusion often occurs when drugs are not labelled clearly, or when packaging of different medications looks similar. Jeremy Hunt, now chairman of the Commons Health and Social Care Committee, said the NHS needed to make far more progress preventing harms, instead of seeing an ever increasing negligence bill. He said: “It is nothing short of immoral that we often spend more cleaning up the mess of numerous tragedies in the courts, than we actually do on the doctors and nurses who could prevent them." Read full story (paywalled) Source: The Telegraph, 3 October 2020
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