Changes urged in negligence claims ases
HEALTH: Consultants to be subject to same disciplinary procedures as rest of NHS, while a faster system is urged for victims of poor treatment
Your support helps us to tell the story
This election is still a dead heat, according to most polls. In a fight with such wafer-thin margins, we need reporters on the ground talking to the people Trump and Harris are courting. Your support allows us to keep sending journalists to the story.
The Independent is trusted by 27 million Americans from across the entire political spectrum every month. Unlike many other quality news outlets, we choose not to lock you out of our reporting and analysis with paywalls. But quality journalism must still be paid for.
Help us keep bring these critical stories to light. Your support makes all the difference.
PATIENTS WHO suffer injuries through medical negligence should no longer have to go to court to prove their case, a senior High Court judge has recommended, in proposals being considered by the Department of Health.
Lord Justice Otton, a leading medical negligence judge and chairman of the Royal Brompton and Harefield NHS Trust, has instead called for a new medical negligence body to be run on similar lines to the Criminal Injuries Compensation Authority.
Lord Justice Otton said: "Parents rarely succeed in proving negligence but suffer great financial hardship in rearing such children." Under his plan, patients would have to show only that their injury was because of what happened in the hospital and not prove a doctor's negligence.
He said many judges relied on expert testimony to guide them. "Judges are not equipped by their training, expertise or experience to carry out risk benefit analysis," said Lord Justice Otton. He added thatmany hospitals "sit on" claims in the hope that the claimant will give up their case.
Under Lord Justice Otton's three-stage scheme the amount of compensation would be fixed by a panel of doctors rather than lawyers.
Claims under pounds 10,000 would first be considered by a clinical risk manager for the hospital, who could recommend the level of compensation.
Claims between pounds 10,000 and pounds 500,000 would be dealt with by a medical injuries compensation authority.
Very serious cases would go straight to that body, which would also decide whether the hospital should pay.
The British Medical Association welcomed the proposals.
Subscribe to Independent Premium to bookmark this article
Want to bookmark your favourite articles and stories to read or reference later? Start your Independent Premium subscription today.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments