References

Behavioural Insights Team, for NHS Resolution. Behavioural insights into patient motivation to make a claim for clinical negligence. 2018. https://tinyurl.com/2p95az3a (accessed 2 February 2022)

Negligence in the NHS: liability costs. 2021. https://tinyurl.com/zjzk5v4k (accessed 2 February 2022)

Clinical negligence reforms imminent as Hunt lambasts ‘obscene’ costs. 2021. https://tinyurl.com/4adnztje (accessed 2 February 2022)

Self-interest’ of lawyers is blocking clin neg reform, MPs hear. 2022. https://tinyurl.com/yckwb58t (accessed 2 February 2022)

Health and Social Care Select Committee. Formal meeting (oral evidence session): NHS litigation reform. 2021. https://committees.parliament.uk/event/6152/formal-meeting-oral-evidence-session/ (accessed 2 February 2022)

Health and Social Care Select Committee. Formal meeting (oral evidence session): NHS litigation reform. 2022. https://committees.parliament.uk/event/6747/formal-meeting-oral-evidence-session/ (accessed 2 February 2022)

Healthwatch. Shifting the mindset: A close look at hospital complaints. 2020. https://tinyurl.com/bdf46x84 (accessed 2 February 2022)

Opinium Research. The value of compensation. Research commissioned by Association of Personal Injury Lawyers. 2022. https://tinyurl.com/2p83mwck (accessed 2 February 2022)

Legal
Patient Safety

The clinical negligence system reform debate is heating up

10 February 2022
Patient Safety
02 February 2022
Volume 31 · Issue 3

Abstract

John Tingle, Lecturer in Law, Birmingham Law School, University of Birmingham, discusses some recent developments on moves to reform our tort-based clinical negligence compensation system

The adage ‘so near and yet so far’ well describes where we are with our current clinical negligence system reform. Although at the time of writing we have not yet heard any details from the government on its plans to reform the system (Hyde, 2021), the House of Commons Health and Social Care Select Committee (HSCSC) Inquiry on NHS Litigation is steaming ahead and producing some excellent expert witness evidence, which is generating a lot of food for thought:

‘Former health secretary Jeremy Hunt has questioned whether clinical negligence lawyers are blocking vital reforms because the status quo is too lucrative to change.’

Hyde, 2022

Going straight to the transcript of the meeting (HSCSC, 2022), Hunt's question was addressed to Guy Forster, representing the Association of Personal Injury Lawyers:

‘Last year, £2.2 billion was paid by the NHS. There is a huge industry of clinical negligence lawyers. I think getting on for half that amount was legal fees. Is there self-interest in the legal profession that makes you want to resist change?’

Register now to continue reading

Thank you for visiting British Journal of Nursing and reading some of our peer-reviewed resources for nurses. To read more, please register today. You’ll enjoy the following great benefits:

What's included

  • Limited access to clinical or professional articles

  • Unlimited access to the latest news, blogs and video content

Register
Or continue by

Signing in with your registered email address