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Showing results for tags 'Negligence claim'.
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News ArticleBoston Scientific Corp. will have to pay a total of $26.7 million in damages to four women in a court ruling related to its vaginal mesh product. Following a federal court trial in Miami, jurors found that the company’s Pinnacle pelvic floor replacement kit had a faulty design and the company failed to effectively warn patients and doctors about the possible risks associated with the device. Pelvic organ implants are used to treat female patients experiencing major discomfort due to pelvic organ prolapse. This was the first federal trial related to Pinnacle. Others lawsuits are pending. Pelvic organ prolapse occurs when a pelvic organ—such as the bladder—drops (prolapses) from its normal place and pushes against the walls of the vagina. This can happen when the muscles that hold pelvic organs in place are weakened or stretched from childbirth or surgery. Many women will have some kind of pelvic organ prolapse. It can be uncomfortable or painful, but isn’t usually a big health problem. It doesn’t always get worse. And in some women, it can get better with time. Boston Scientific officials told Reuters that they disagree with the verdict and have a strong case for post-trial motions and appeal. Marlborough, Mass.-based Boston Scientific is one of seven companies, including Johnson & Johnson’s Ethicon division and C.R. Bard, faced with lawsuits over similar mesh products. Officials with Endo International plc said in September it the company has set aside $1.6 billion to settle “substantially all” the cases against it and its American Medical Systems unit. Read full story Source: Medical Product Outsourcing
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EventIn this conference we will look at the factors contributing to record high clinical negligence claims as well as new initiatives and schemes being implemented to improve quality of care and reduce the need for patients to make claims and litigate. Featuring leading legal experts and experienced clinicians, this conference will explore the patient perspective and why patients decide to litigate. There will be an update on clinical negligence as well as an overview of what the Patient Safety Incident Report Framework means for clinical negligence litigation, The conference will also present new initiatives including the NHS Resolution’s Early Notification Scheme as well as the Maternity Incentive Scheme. Throughout the day, there will be interactive sessions, small breakout groups and collaborative exercises fostering a dynamic learning experience. For further information and to book your place visit https://www.healthcareconferencesuk.co.uk/virtual-online-courses/clinical-negligence or email [email protected]. Follow on X @HCUK_Clare #ClinicalNegligence hub members receive a 20% discount. Email [email protected] for discount code.
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News ArticleThe NHS’s total liabilities for medical negligence have hit an “astounding” £58.2bn amid ministers’ failure to improve patient safety, an influential group of MPs have warned. The Commons public accounts committee (PAC) said the “jaw-dropping” sums being paid to victims of botched treatment and government inaction to reduce errors were “unacceptable”. The Department of Health and Social Care (DHSC) has set aside £58.2bn to settle lawsuits arising from clinical negligence that occurred in England before 1 April 2024, the PAC disclosed. “The fact that government has set aside tens of billions of pounds for clinical negligence payments, its second most costly liability after some of the world’s most complex nuclear decommissioning projects, should give our entire society pause,” said Sir Geoffrey Clifton-Brown, the PAC chair. “This is a sign of a system struggling to do right by the people it is designed to help,” he added. The PAC urged ministers to take urgent steps to reduce “tragic incidences of patient harm” and to also end a situation where lawyers take an “astronomical” 19% of the compensation awarded to those who are successful in suing the NHS. That amounted to £536m of the £2.8bn that the health service in England paid out in damages in 2023-24 – its record bill for mistakes. “Far too many patients still suffer clinical negligence which can cause devastating harm to those affected,” and the ensuing damages drain vital funds from the NHS, the report said. Read full story Source: The Guardian, 14 May 2025
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Content Article
The work of the Department of Health and Social Care (DHSC) and its organisations touches the lives of an average of 1.7 million patients per day and costs the UK taxpayer around £187.3 billion per year. This report presents the Public Accounts Committee’s analysis of the DHSC Accounts for 2023/24. The Public Accounts Committee is a Select Committee in the House of Commons that examines value for money of Government projects, programmes and service delivery. This report highlights a number of issues of concern, including the two areas highlighted below. Abolition of NHS England The Committee points to several issues where it believes further clarity is required from the Government in this respect: The lack of a clear plan for how DHSC and NHS England will achieve significant headcount reductions, and the costs involved. How the reductions fit in with the wider 10 Year Health Plan for the NHS. How savings made from reducing NHSE staff costs help frontline services. How the institutional knowledge of NHSE would be preserved following its abolition. The scale of headcount reductions in the DHSC, and the geographical spread of the planned 50% headcount reductions in NHSE and across local Integrated Care Boards. Clinical negligence The Committee has expressed disappointment in this area and stressed the need for significant improvements, stating that: “Both patients and public money need to be better protected by the Department. Far too many patients still suffer clinical negligence which can cause devasting harm to those affected. It also results in large sums of public money being spent on legal fees and compensation, drawing resources from the wider health service.” Concerns it highlights include: £58.2bn has been set aside to cover the potential cost of clinical negligence events in the latest accounts – the second largest liability across government after nuclear decommissioning. 19% of money awarded to claimants in 2023-24 goes to their lawyers (£536m of the total £2.8bn paid that year), on top of the fees payable for the Government Legal Team. It recommends that within six months, DHSC should set out a plan with clear actions to: Reduce tragic incidences of patient harm to as low a level as possible Manage the costs of clinical negligence more effectively, including introducing a mechanism to reduce legal fees. Improve patient safety across the NHS and in particular in maternity services -
News ArticleA Kent hospitals trust has paid out more in compensation for medication blunders than any other in England, new data suggests. Since 2019, East Kent Hospitals - which runs the Kent and Canterbury Hospital, QEQM in Margate, and William Harvey in Ashford - has handed over almost £5 million to patients affected by errors in prescribing, dispensing, administering or advising on medicine. According to figures released by NHS Resolution - the legal arm of the health service - the 10 negligence claims settled by the trust over five years cost it £4,723,658 in compensation. This sum is the highest of any trust in the country where at least five claims have been settled, and does not include legal fees, meaning the full cost to taxpayers is even higher. Medication errors, which the NHS defines as patient safety incidents involving mistakes with medicines, can include prescribing the wrong drug or dose, poor communication between hospitals and GPs, or failing to properly monitor patients on powerful medication. Read full story Source: Kent Online, 6 May 2025
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News Article
Infected blood victims losing faith as inquiry hearings restart
Patient Safety Learning posted a news article in News
The infected blood inquiry is holding two more days of hearings amid concerns about the government's response on compensation, with campaigners warning they are "losing faith". It comes nearly a year after the final report was published into the scandal - said to be the biggest treatment disaster in the history of the NHS. More than 30,000 people contracted HIV and hepatitis from contaminated blood products in the 1970s and 80s – and 3,000 people have since died. Victims groups have since said the government has been slow to pay out compensation and the process was lacking transparency. Inquiry chair Sir Brian Langstaff said he had decided to act given the "gravity" of the problems expressed. And a spokesperson said it was continuing to act on the inquiry's recommendations, adding: "The victims of this scandal have suffered unspeakably." Read full story Source: BBC News, 9 April 2025 -
Content ArticleThis blog tells the story of Sarah,* whose baby was stillborn due to negligent maternity care. Sarah also suffered from severe, permanent injuries in labour which led to her decision to leave the UK. Sarah was admitted to a leading London maternity unit, but staff failed to recognise that she was in active labour. Lack of appropriate care and monitoring led to her baby dying in the womb. Once her baby's death had been confirmed, Sarah was then left to deliver without support for seven hours, which left her with permanent injuries. The article describes the findings of the trust's internal investigation and the negligence claim Sarah and her partner are pursuing. *not her real name
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News Article
Poorer families denied millions in compensation over maternity failings
Patient Safety Learning posted a news article in News
Poorer families are being denied millions of pounds in compensation from the NHS for maternity care failings compared with wealthier families, The Independent can reveal. Families whose babies experience brain damage due to negligent maternity care can receive multimillion-pound payouts to cover costs relating to the child’s future care and accommodation, based on their medical need. But a separate element covering the child’s predicted “loss of future earnings” is calculated on the basis of their family’s existing income and education levels, meaning that more affluent families get more cash. Critics have condemned the system as “unfair”, highlighting the fact that it gives the least financial support to the families who “need it the most”, and have called for earnings payments to be linked to the average wage. Two-thirds of NHS spending on compensation cases goes on maternity claims, according to NHS Resolution, the body that deals with compensation awards. Payouts for maternity negligence cost the taxpayer £2.6bn in 2022-23, the latest figures show, with the total cost of harm, including loss of earnings, valued at £6.6bn. Both figures were up on the previous year. The Medical Defence Union (MDU), which represents doctors in negligence cases, has described the system as “flawed”. It believes loss of earnings payments should be capped at three times the average wage, annually – and that “parental education, earnings or wealth should play no part in the assessment of damages awarded to minors”. Read full story Source: The Independent, 22 February 2025 -
EventIn Celebration of International Women’s Week, join Bevan Brittan and Howden for an inspiring conversation with a panel of leading women in healthcare. Our expert panel will explore 'Just Culture' and its impact on healthcare professionals and medical malpractice claims. Our expert speakers will share their insights and experiences, examining how both the independent and public sectors can learn from mistakes to avoid future adverse outcomes for both the workforce and their patients: Julie Charlton, Partner at Bevan Brittan Oonagh Sharma, Partner at Bevan Brittan Sabrina Meetaroo, Solicitor and Head of Risk and Claims Advocacy at Howden Dr Cathy Cale, Group Medical Director at Spire Healthcare Claire Damen, CEO at Independent Health Group and Chair of IHPNs Women Leader’s Network Register
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News Article
Mesh victims still wait for financial compensation
Patient Safety Learning posted a news article in News
Women harmed by pelvic mesh implants are still waiting for government compensation a year after a major report, external called for urgent action. Patient safety commissioner Dr Henrietta Hughes, who made that recommendation, called it "an injustice" for the thousands of lives destroyed. Some women were left in permanent pain, unable to walk, work or have sex, after the surgery to treat incontinence and pelvic organ prolapse. The government says it remains "fully focused" on how best to support patients and prevent harm. A Department of Health and Social Care official said: "Our sympathies are with those affected. "This is a complex area of work and Health Minister Baroness Gillian Merron met with some of those affected before Christmas, and has committed to providing an update to the patient safety commissioner at the earliest opportunity." Dr Hughes said: "It is very disappointing that women who have suffered so much harm are still waiting for redress. "They need redress now and the government must act immediately." Read full story Source: BBC News, 7 February 2025 -
News ArticleDelays in NHS care have led to almost 40,000 compensation claims since 2010, costing more than £8bn Sharni Marks endured multiple rounds of chemotherapy, leaving her weak and sick. She has lost her hair and her nails and suffers painful mouth ulcers. Now doctors have told her that her cancer treatment has probably made her infertile and she might need a hysterectomy. All this was avoidable. Marks, 31, was diagnosed with cancer last March after waiting more than a year and a half for the double mastectomy meant to reduce her risk of getting the disease. The NHS has now accepted in a letter to her GP that her cancer developed during her long time on the waiting list. She is not alone. Since 2010, there have been almost 40,000 compensation claims for injury and deaths caused by delays in care, costing more than £8.3 billion — enough to build 15 hospitals the size of the Queen Elizabeth Hospital in Birmingham. The data comes from NHS Resolution, which handles compensation claims against the health service, and includes routine surgery and emergency care. The 39,686 successful compensation claims over the past 15 years are attributed to one of eight categories of delay such as surgery or diagnosis. Delay in treatment was the single largest category, costing the NHS £3.9 billion for 19,199 cases. Delays in diagnosis was the next biggest group at 16,164 claims, worth a total of £3.4 billion. The government has been repeatedly warned about patients coming to harm from long waits. Coroners in England and Wales sent at least 192 warnings about the issue by the end of 2024, up from 62 in 2013. Read full story Source: The Times, 19 January 2025
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News Article
Just 10 of 4,000 tainted blood victims have had compensation, campaigners say
Patient Safety Learning posted a news article in News
Furious victims of the infected blood scandal have said that just 10 out of 4,000 people have received compensation under a new scheme, despite pledges from the Conservatives and Labour to sort out payments this year. Campaigners say they have been “disengaged” by the Labour government and that, by this month, just 17 people out of the thousands eligible had been invited to register for compensation. Five groups representing victims met officials dealing with claims last week, only for the meetings to end with those in attendance feeling they were being treated as a nuisance, rather than victims of a scandal from which they had suffered greatly. Andrew Evans, chair of the group Tainted Blood, who was told aged 12 that he had contracted HIV from a contaminated blood product, said: “When the infected blood inquiry published its final report, the entire community breathed a collective sigh of relief. … we dared hope, for just a moment, that our decades of battling was coming to an end, and that compensation would now be swiftly forthcoming. “With the promise that all of the infected would be paid before the end of 2024, followed swiftly in 2025 by the estates of those who have died and affected relatives in their own right, campaigners and the community hoped that the finish line was in sight, and all that remained would be a series of formalities. “Since then, we have been disengaged by the government, and the goalposts have been drastically moved to the point where now, just before Christmas, only a quarter of one per cent of the infected have been offered compensation. “Our battle, rather than ceasing, has intensified. The community, already heavily traumatised, is at breaking point. We, the campaigners, bear the burden of attempting to explain what is going on, although we have little more idea of that ourselves, and supporting thousands of devastated victims.” Read full story Source: The Guardian, 22 December 2024 -
News ArticleMaidstone and Tunbridge Wells Trust said two of the patients who were harmed are now pursuing clinical negligence cases against it. The majority of the 34 cases involved “cancer pathway/referral issues” between January 2022 and April this year. The trust has informed patients in all appropriate cases, it said, but has not provided further details to HSJ of the cases where negligence action is being taken. A “deep dive” review was launched earlier this year after staff noticed they were seeing more serious incidents than usual involving patients being “lost to follow-up”. People are generally “lost to follow-up” when an appointment should take place – such as after a scan, after a fixed duration, or after an attempt to transfer specialty – but does not. It can result in harm when it means concerns are not picked up and treated, particularly if diagnostics are not properly acted on in cancer pathways. The trust indicated similar issues are likely to be widespread in the NHS, saying in a statement: “Patients ‘lost to follow-up’ is an issue across the NHS, and this has been acknowledged within national investigations by the Health Services Safety Investigations Body along with recognition of the impact of clinical booking systems as a key theme. “At a local level the trust recognised [it] needed to be addressed. The deep dive was held to identify areas where improvements could be made, and this work is in progress.” The review cites the practice of “excess patient related results/paper referrals being left in piles in office environment”, multiple waiting lists in place for some services, and information being lost when lists were transferred to spreadsheets. Read full story (paywalled) Source: HSJ, 20 December 2024
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News Article
Ireland tackled tainted blood scandal decades ago - and it has cost €800m so far
Patient Safety Learning posted a news article in News
Ireland’s blood scandals have caused human suffering and cost the State around €800m in compensation so far. A damning inquiry report in the UK this week found that authorities there covered up the infected blood scandal after knowingly exposing victims to unacceptable risks. More than 30,000 people in the UK were infected from 1970 to 1991 by contaminated blood products and transfusions. Ireland moved decades faster to address the contamination tragedy. The tribunal set up to compensate people infected by contaminated blood transfusions or blood products in the Republic of Ireland has paid out around €800m since 1996. In Ireland a compensation tribunal, which is still sitting and will continue to do so for years to come, was set up by the government in 1995 first to compensate women infected with hepatitis C as a result of the use of contaminated human immunoglobulin anti-D. This blood product was given to women with the rhesus-positive blood type to protect future pregnancies. The Finlay inquiry in the mid 1990s looked at the rules that were broken by the then blood transfusion service in producing anti-D. The Lindsay tribunal set up in 2000 examined the contamination of Factor 8 products used by men with haemophilia which were contaminated with HIV and hepatitis C. The tribunal heard how home-produced blood clotting agent caused infection in seven haemophiliacs despite earlier claims that it was safe. Read full story Source: Irish Independent, 21 May 2024 -
Event
Cyber risk, response and claims
Sam posted an event in Community Calendar
untilJoin a conversation with industry experts on cyber risk, response and claims. With increasing and high profile cyber-attacks on both health and care organisations we discuss the issues that organisations face, what can be done prevent and minimise attacks, what to do if your organisation falls victim to an attack and the steps that should be taken to minimise the impact on your organisation which can far ranging in terms of patient safety, work force, and finance. Your panel of expert speakers: Richard Hearn - Divisional Director, Howden Dave Allen - CEO, Cysiam Vicki Bowles - Partner, Bevan Brittan Julie Charlton - Partner, Bevan Brittan Register -
News Article
Trusts paying the biggest premiums for safety errors
Patient Safety Learning posted a news article in News
The trusts paying the highest negligence premiums as a proportion of their income have been revealed, with experts warning the “sheer costs involved in managing accidents that could be avoided” neared £3bn this year. Several acute trusts – mainly in London and the South East – spent over 4% of their income on premium costs to insure themselves against clinical negligence, according to HSJ analysis of NHS Resolution data. Anne Kavanagh, a medical negligence lawyer at Irwin Mitchell, said: “Sadly the level of contributions made by the trusts to the CNST [Clinical Negligence Scheme for Trusts] is a reflection of injuries suffered by patients who have been damaged as a result of negligent care – that is care which would not be supported by any other reasonably competent practitioners.” Paul Whiteing, CEO of Action Against Medical Accidents, added: “The CNST contribution data is a stark reminder of the sheer costs involved in managing accidents that could be avoided. This is an example of where more investment in prevention would save valuable NHS resources given £2.8bn was paid in claims last year.” Read full story (paywalled) Source: HSJ, 6 November 2024 -
News Article
‘I thought a vaginal mesh would help - instead it left me sobbing in agony’
Patient Safety Learning posted a news article in News
Women suffering complications from vaginal mesh implants, including after removal, are calling on the Government to overhaul the compensation process. Sharon Marchant, 61, from Bedfordshire, is one of thousands of women living with life-changing complications from a vaginal mesh implant. Vaginal mesh, which is made from the same material used to make drinks bottles, is an implant used to treat pelvic organ prolapse and stress urinary incontinence. For years it was viewed as the gold standard treatment for incontinence and prolapse in many women, but was later found to cause debilitating side effects including infection, pelvic and leg pain, difficulty urinating, pain during sex, and incontinence. Earlier this week it was revealed that propylene, the material used commonly used in vaginal mesh implants starts to degrade within 60 days of being implanted in the pelvis. Ms Marchant told i of the severe physical and mental pain she suffered due to her vaginal mesh implant. In 2014, she was recommended for a mesh implant after being diagnosed with stress-caused urinary incontinence. At the time, Ms Marchant did not know much about the vaginal mesh. “I hadn’t heard anything about it – good, bad or indifferent. “Having been a nurse in my younger years, I just thought, well, if they’re doing this, they must know what they’re doing,” she said. Within weeks she noticed something was wrong. “I could feel something that was uncomfortable. And so I had to do a self examination, and then I very quickly realised with the use of a mirror, there was a very large lump of blue mesh exposed.” She opted for a complete removal of the mesh and is relieved it is now gone. But as a result her stress incontinence worsened, requiring her to take new medication and does not feel comfortable enough to start a new relationship. “It’s just taken away a huge portion of my life,” she said. Some women are so desperate for the procedure they are travelling to the US and paying up to £30,000 for the procedure, i was told. Read full story Source: iNews, 26 October 2024 -
Content Article
NHS Resolution: Clinical Negligence Claims Agreement 2024
Patient Safety Learning posted an article in Policies
NHS Resolution has announced the implementation of a new Clinical Negligence Claims Agreement for 2024. This agreement has been developed in collaboration with key stakeholders, including Action against Medical Accidents (AvMA) and the Society of Clinical Injury Lawyers (SCIL). Key features of the new agreement include: Extended limitation periods for certain cases, providing flexibility for claimants and their representatives. Emphasis on early disclosure of relevant documentation to help narrow issues and reduce investigation costs. Improved communication protocols, including ongoing acceptance of electronic correspondence and service of documents. Encouragement of pre-action discussions and dispute resolution to avoid unnecessary litigation. "The agreement encourages apologies where appropriate and reflects that harmed individuals and their families often want to ensure that similar errors are avoided in the future. Defendant organisations are encouraged to provide apologies and identify where lessons have been learned and what steps have been taken to prevent further harm." Sharon Allison, Chair of SCIL (Society of Clinical Injury Lawyers -
Content ArticleOn 13 September, our Safety and Learning team, in collaboration with Health Services Safety Investigations Body and NHS England, hosted a virtual forum on the benefits of implementing safety science in primary care, responding to patient safety incidents and the support available to staff working in primary care. The recording of the forum is now available.
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EventuntilThe session will explore the system wide risks involved in prescribing through reference to clinical negligence claims from NHS Resolution and the panel firm, Hill Dickinson. Event programme The invaluable role of pharmacists Common medicine error claims Recommendations Q&A panel discussion Contributors Joanne Hughes – Partner | Hill Dickinson Dr Anwar Khan – Senior clinical advisor | NHS Resolution Register for the webinar 20240703 Dispelling the myth-towards safer practice flyer.pdf
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EventFeaturing leading legal experts and experienced clinicians this online event will provide an update on current claims processes and how to respond to claims. The conference will look at the patient perspective and explore why patients decide to litigate. There will be an extended session on mediation and ADR. The conference will also update delegates on the new Patient Safety Incident Response Framework (PSIRF) and implications for Clinical Negligence Litigation. We have a limited number of free places for this event for members of the hub. Email [email protected] if you are interested. Find out more and book a place
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EventuntilNHS Resolution’s Safety and Learning team in collaboration with the NW panel law firms, are hosting a virtual forum series on learning from claims to promote reflection and improve patient care. The purpose is to raise awareness of the support offered by NHS Resolution as your General Practice indemnifier along with the North West panel firms; Weightmans, Hempsons and Hill Dickinson. This will be of interest to both clinical and non-clinical staff involved in patient care across primary and urgent care . The format is interactive, with presentations followed by questions and panel discussion. Session 4: Pitfalls to prescribing better care Event programme: The invaluable role of pharmacists Common medicine error claims recommendations Q&A panel discussion Contributors: Joanne Hughes- Partner | Hill Dickinson Dr Anwar Khan - Senior Clinical Advisor for General Practice |NHS Resolution Register
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EventuntilNHS Resolution’s Safety and Learning team in collaboration with the NW panel law firms, are hosting a virtual forum series on learning from claims to promote reflection and improve patient care. The purpose is to raise awareness of the support offered by NHS Resolution as your General Practice indemnifier along with the North West panel firms; Weightmans, Hempsons and Hill Dickinson. This will be of interest to both clinical and non-clinical staff involved in patient care across primary and urgent care . The format is interactive, with presentations followed by questions and panel discussion. Session 3: Dissecting a claim part 2 Event programme: Exploration through the use of an illustrative case studyQ&A panel discussion Contributors: Chris Dexter - Partner | Weightmans Alison Brennan - Principal associate |Weightmans Register
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EventNHS Resolution’s Safety and Learning team in collaboration with the NW panel law firms, are hosting a virtual forum series on learning from claims to promote reflection and improve patient care. The purpose is to raise awareness of the support offered by NHS Resolution as your General Practice indemnifier along with the North West panel firms; Weightmans, Hempsons and Hill Dickinson. This will be of interest to both clinical and non-clinical staff involved in patient care across primary and urgent care . The format is interactive, with presentations followed by questions and panel discussion. Session 2: Helping general practice manage and learn from claims part 1 Event programme: Exploration through the use of an illustrative case study Q&A panel discussion Contributors: Chris Dexter - Partner | Weightmans Alison Brennan- Principal associate |NHS Resolution Register
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EventuntilNHS Resolution’s Safety and Learning team in collaboration with the NW panel law firms, are hosting a virtual forum series on learning from claims to promote reflection and improve patient care. The purpose is to raise awareness of the support offered by NHS Resolution as your General Practice indemnifier along with the North West panel firms; Weightmans, Hempsons and Hill Dickinson. This will be of interest to both clinical and non-clinical staff involved in patient care across primary and urgent care . The format is interactive, with presentations followed by questions and panel discussion. Session 1: Seeking support for claims The session will explain how NHS Resolution, and its panel firms, will support you in responding to claims along with an overview of the legal tests used to determine a claim and the steps involved. Event programme: Introduction to the GP Indemnity scheme and clinical negligence Q&A panel discussion Contributors: • Patricia Roe - Partner | Hempsons • Dr Anwar Khan - Senior Clinical Advisor for General Practice, NHS Resolution Register
