Friday, September 30, 2005

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Article by Mary Luckham


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�Making Amends� an overhaul of compensation for medical negligence

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Although the Law Society has welcomed the plans for the scheme on the basis that claimants would retain the right to sue , Carolyn Kirby has expressed some concern namely that: �It is not enough to simply say the right is there, it has to be made practically possible for them to go to court if they feel their claim has not been resolved or appropriately handled by the redress scheme. We have to safeguard against people being refused legal aid or a fair hearing in court because an NHS redress system exists.�

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The NHS Redress Scheme would not take away a person�s right to sue but those accepting packages of care and compensation under it would be required to waive their right to go to court on the same case.

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Whilst wecoming the opportunity for quicker admissions of liability and settlement of claims, Mr. Walsh commented that: �There must be specialist, independent legal and medical advice available to claimants, or there will be a risk that people will feel under pressure to settle for what could be much less than they need or deserve. Legal aid needs to be available to people to pay for specialist advice.�

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In the light of the finding of the The National Audit Office that the legal and administrative costs of settling claims exceed the money actually paid to the victim in the majority of claims under �45,000 and take up an even higher proportion of smaller claims the other limb of the Redress Scheme provides for payments of up to �30,000 where there were serious shortcomings in the NHS care, the harm could have been avoided and if the adverse outcome was not the result of the natural progression of the illness.

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Peter Walsh said of this proposal: �It would be perverse if the NHS sought to deprive those injured because of clinical negligence the actual compensation they deserve and need. People injured in a hospital setting have the same care needs and should have the same rights as people hurt in a road traffic accident or injured at work. There must be absolute guarantees about the quality of the care packages that will be on offer and there has to be choice and control for the family over such packages.�

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Brain damage at birth accounts for around 60% of the NHS clinical negligence budget with damage awards in some cases of �millions receiving much media publicity. The Redress Scheme would provides for a no-fault package of compensation in respect of babies born with �severe neurological impairment provided it was not due to a genetic or congenital abnormality�. The package would include a maximum initial payment of �50,000 for pain, suffering and loss of amenity, managed medical care with monthly payments for other care which, in the case of seriously impaired babies could be up to �100,000 per annum, and one-off lump sum payments for home adaptations and equipment.

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The report�s main recommendation is the setting up of �The NHS Redress Scheme�, one of the limbs of which will cover neurologically impaired babies where the birth was under NHS care and the impairment was birth related.

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According to Mr. Walsh: �There has been a lot of scaremongering about the cost of clinical negligence to the NHS�. He expressed concern: �at the way that people who have been harmed by negligent treatment are stigmatised as being greedy. Less than 1% of all people who are harmed by avoidable medical accidents actually make a claim.� AVMA�s view is that rather than �short-changing� such people more funds should be directed towards prevention.

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Despite this sharp rise in the cost of compensating patients for clinical errors, Peter Walsh, Chief Executive of Action for Victims of Medical Accidents (AVMA) points out that: �Whilst a lot of money, this is well below 1% of the NHS budget. Many business have to spend well in excess of 1% of their budget on insurance alone.�

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Negligence actions have proved costly for the NHS in recent years � annual NHS clinical negligence expenditure rose from �1million in 1974/5 (�6.33 million at 2002 prices) to �446 million in 2001/2002.

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Some reforms to personal injury legislation within the existing tort system have already been introduced or proposed following Lord Woolf�s �Access to Justice� Report in 1996. For example, the introduction of Pre-Action Protocols, the encouragement of Alternative Dispute Resolution and Part 36 offers � enabling claimaints as well as defendants to make offers to settle. Sir Liam Donaldson�s aim is to try to further reduce legal costs for medical negligence and also to make it easier for patients to receive information and apologies without the necessity of going to court.

Thursday, September 29, 2005

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At present 10% of hospital in-patient admissions are likely to result in some kind of adverse event, some 5% of the general population report suffering an adverse effect of medical care with almost a third of those claiming that this has had a permanent impact on their health. In addition, 18% of patients reported that they had been victims of a medication error in the previous two years. �The primary aim� according to the report �must be to reduce the number of medical errors that occur.�

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--------------------------------------------------------------------------------
�Legal proceedings for medical injury frequently progress in an atmosphere of confrontation, acrimony, misunderstanding and bitterness. The emphasis is on revealing as little as possible about what went wrong, defending clinical decisions that were taken and only reluctantly releasing information� was the view expressed by the Government�s Chief Medical Officer, Sir Liam Donaldson in his report into clinical negligence in the NHS � �Making Amends� � published on the 30th June.
The report contains a series of recommendations which includes an obligation on NHS health care professionals to report mistakes and �near misses� in order that lessons can be learned from them. In return for this �duty of candour� they will be given immunity from disciplinary proceedings except for those incidents where a crime was committed or where it would be unsafe to allow them to continue to practice.

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�Making Amends� an overhaul of compensation for medical negligence

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Although the Law Society has welcomed the plans for the scheme on the basis that claimants would retain the right to sue , Carolyn Kirby has expressed some concern namely that: �It is not enough to simply say the right is there, it has to be made practically possible for them to go to court if they feel their claim has not been resolved or appropriately handled by the redress scheme. We have to safeguard against people being refused legal aid or a fair hearing in court because an NHS redress system exists.�

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The NHS Redress Scheme would not take away a person�s right to sue but those accepting packages of care and compensation under it would be required to waive their right to go to court on the same case.

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Whilst wecoming the opportunity for quicker admissions of liability and settlement of claims, Mr. Walsh commented that: �There must be specialist, independent legal and medical advice available to claimants, or there will be a risk that people will feel under pressure to settle for what could be much less than they need or deserve. Legal aid needs to be available to people to pay for specialist advice.�

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Under the scheme a panel of experts will be appointed to investigate allegations of negligence and patients will receive an explanation and be told of any action proposed to prevent repetition. There will also be a package of care providing remedial treatment, and continuing care where needed.

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In the light of the finding of the The National Audit Office that the legal and administrative costs of settling claims exceed the money actually paid to the victim in the majority of claims under �45,000 and take up an even higher proportion of smaller claims the other limb of the Redress Scheme provides for payments of up to �30,000 where there were serious shortcomings in the NHS care, the harm could have been avoided and if the adverse outcome was not the result of the natural progression of the illness.

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Peter Walsh said of this proposal: �It would be perverse if the NHS sought to deprive those injured because of clinical negligence the actual compensation they deserve and need. People injured in a hospital setting have the same care needs and should have the same rights as people hurt in a road traffic accident or injured at work. There must be absolute guarantees about the quality of the care packages that will be on offer and there has to be choice and control for the family over such packages.�

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Brain damage at birth accounts for around 60% of the NHS clinical negligence budget with damage awards in some cases of �millions receiving much media publicity. The Redress Scheme would provides for a no-fault package of compensation in respect of babies born with �severe neurological impairment provided it was not due to a genetic or congenital abnormality�. The package would include a maximum initial payment of �50,000 for pain, suffering and loss of amenity, managed medical care with monthly payments for other care which, in the case of seriously impaired babies could be up to �100,000 per annum, and one-off lump sum payments for home adaptations and equipment.

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The report�s main recommendation is the setting up of �The NHS Redress Scheme�, one of the limbs of which will cover neurologically impaired babies where the birth was under NHS care and the impairment was birth related.

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According to Mr. Walsh: �There has been a lot of scaremongering about the cost of clinical negligence to the NHS�. He expressed concern: �at the way that people who have been harmed by negligent treatment are stigmatised as being greedy. Less than 1% of all people who are harmed by avoidable medical accidents actually make a claim.� AVMA�s view is that rather than �short-changing� such people more funds should be directed towards prevention.

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Despite this sharp rise in the cost of compensating patients for clinical errors, Peter Walsh, Chief Executive of Action for Victims of Medical Accidents (AVMA) points out that: �Whilst a lot of money, this is well below 1% of the NHS budget. Many business have to spend well in excess of 1% of their budget on insurance alone.�

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Negligence actions have proved costly for the NHS in recent years � annual NHS clinical negligence expenditure rose from �1million in 1974/5 (�6.33 million at 2002 prices) to �446 million in 2001/2002.

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Some reforms to personal injury legislation within the existing tort system have already been introduced or proposed following Lord Woolf�s �Access to Justice� Report in 1996. For example, the introduction of Pre-Action Protocols, the encouragement of Alternative Dispute Resolution and Part 36 offers � enabling claimaints as well as defendants to make offers to settle. Sir Liam Donaldson�s aim is to try to further reduce legal costs for medical negligence and also to make it easier for patients to receive information and apologies without the necessity of going to court.

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The proposals contained in the report have been broadly welcomed by the Law Society. �Especially those for more and earlier use of mediation, specialist training for judges, better reporting of adverse incidents, and the introduction of effective rehabilitation services for victims� said its President Carolyn Kirby.

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At present 10% of hospital in-patient admissions are likely to result in some kind of adverse event, some 5% of the general population report suffering an adverse effect of medical care with almost a third of those claiming that this has had a permanent impact on their health. In addition, 18% of patients reported that they had been victims of a medication error in the previous two years. �The primary aim� according to the report �must be to reduce the number of medical errors that occur.�

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--------------------------------------------------------------------------------
�Legal proceedings for medical injury frequently progress in an atmosphere of confrontation, acrimony, misunderstanding and bitterness. The emphasis is on revealing as little as possible about what went wrong, defending clinical decisions that were taken and only reluctantly releasing information� was the view expressed by the Government�s Chief Medical Officer, Sir Liam Donaldson in his report into clinical negligence in the NHS � �Making Amends� � published on the 30th June.
The report contains a series of recommendations which includes an obligation on NHS health care professionals to report mistakes and �near misses� in order that lessons can be learned from them. In return for this �duty of candour� they will be given immunity from disciplinary proceedings except for those incidents where a crime was committed or where it would be unsafe to allow them to continue to practice.

Wednesday, September 28, 2005

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�Making Amends� an overhaul of compensation for medical negligence

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Although the Law Society has welcomed the plans for the scheme on the basis that claimants would retain the right to sue , Carolyn Kirby has expressed some concern namely that: �It is not enough to simply say the right is there, it has to be made practically possible for them to go to court if they feel their claim has not been resolved or appropriately handled by the redress scheme. We have to safeguard against people being refused legal aid or a fair hearing in court because an NHS redress system exists.�

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The NHS Redress Scheme would not take away a person�s right to sue but those accepting packages of care and compensation under it would be required to waive their right to go to court on the same case.

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Whilst wecoming the opportunity for quicker admissions of liability and settlement of claims, Mr. Walsh commented that: �There must be specialist, independent legal and medical advice available to claimants, or there will be a risk that people will feel under pressure to settle for what could be much less than they need or deserve. Legal aid needs to be available to people to pay for specialist advice.�

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Under the scheme a panel of experts will be appointed to investigate allegations of negligence and patients will receive an explanation and be told of any action proposed to prevent repetition. There will also be a package of care providing remedial treatment, and continuing care where needed.

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In the light of the finding of the The National Audit Office that the legal and administrative costs of settling claims exceed the money actually paid to the victim in the majority of claims under �45,000 and take up an even higher proportion of smaller claims the other limb of the Redress Scheme provides for payments of up to �30,000 where there were serious shortcomings in the NHS care, the harm could have been avoided and if the adverse outcome was not the result of the natural progression of the illness.

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Peter Walsh said of this proposal: �It would be perverse if the NHS sought to deprive those injured because of clinical negligence the actual compensation they deserve and need. People injured in a hospital setting have the same care needs and should have the same rights as people hurt in a road traffic accident or injured at work. There must be absolute guarantees about the quality of the care packages that will be on offer and there has to be choice and control for the family over such packages.�

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Brain damage at birth accounts for around 60% of the NHS clinical negligence budget with damage awards in some cases of �millions receiving much media publicity. The Redress Scheme would provides for a no-fault package of compensation in respect of babies born with �severe neurological impairment provided it was not due to a genetic or congenital abnormality�. The package would include a maximum initial payment of �50,000 for pain, suffering and loss of amenity, managed medical care with monthly payments for other care which, in the case of seriously impaired babies could be up to �100,000 per annum, and one-off lump sum payments for home adaptations and equipment.

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The report�s main recommendation is the setting up of �The NHS Redress Scheme�, one of the limbs of which will cover neurologically impaired babies where the birth was under NHS care and the impairment was birth related.

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According to Mr. Walsh: �There has been a lot of scaremongering about the cost of clinical negligence to the NHS�. He expressed concern: �at the way that people who have been harmed by negligent treatment are stigmatised as being greedy. Less than 1% of all people who are harmed by avoidable medical accidents actually make a claim.� AVMA�s view is that rather than �short-changing� such people more funds should be directed towards prevention.

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Despite this sharp rise in the cost of compensating patients for clinical errors, Peter Walsh, Chief Executive of Action for Victims of Medical Accidents (AVMA) points out that: �Whilst a lot of money, this is well below 1% of the NHS budget. Many business have to spend well in excess of 1% of their budget on insurance alone.�

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Negligence actions have proved costly for the NHS in recent years � annual NHS clinical negligence expenditure rose from �1million in 1974/5 (�6.33 million at 2002 prices) to �446 million in 2001/2002.

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Some reforms to personal injury legislation within the existing tort system have already been introduced or proposed following Lord Woolf�s �Access to Justice� Report in 1996. For example, the introduction of Pre-Action Protocols, the encouragement of Alternative Dispute Resolution and Part 36 offers � enabling claimaints as well as defendants to make offers to settle. Sir Liam Donaldson�s aim is to try to further reduce legal costs for medical negligence and also to make it easier for patients to receive information and apologies without the necessity of going to court.

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The proposals contained in the report have been broadly welcomed by the Law Society. �Especially those for more and earlier use of mediation, specialist training for judges, better reporting of adverse incidents, and the introduction of effective rehabilitation services for victims� said its President Carolyn Kirby.

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At present 10% of hospital in-patient admissions are likely to result in some kind of adverse event, some 5% of the general population report suffering an adverse effect of medical care with almost a third of those claiming that this has had a permanent impact on their health. In addition, 18% of patients reported that they had been victims of a medication error in the previous two years. �The primary aim� according to the report �must be to reduce the number of medical errors that occur.�

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--------------------------------------------------------------------------------
�Legal proceedings for medical injury frequently progress in an atmosphere of confrontation, acrimony, misunderstanding and bitterness. The emphasis is on revealing as little as possible about what went wrong, defending clinical decisions that were taken and only reluctantly releasing information� was the view expressed by the Government�s Chief Medical Officer, Sir Liam Donaldson in his report into clinical negligence in the NHS � �Making Amends� � published on the 30th June.
The report contains a series of recommendations which includes an obligation on NHS health care professionals to report mistakes and �near misses� in order that lessons can be learned from them. In return for this �duty of candour� they will be given immunity from disciplinary proceedings except for those incidents where a crime was committed or where it would be unsafe to allow them to continue to practice.

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�Making Amends� an overhaul of compensation for medical negligence

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Although the Law Society has welcomed the plans for the scheme on the basis that claimants would retain the right to sue , Carolyn Kirby has expressed some concern namely that: �It is not enough to simply say the right is there, it has to be made practically possible for them to go to court if they feel their claim has not been resolved or appropriately handled by the redress scheme. We have to safeguard against people being refused legal aid or a fair hearing in court because an NHS redress system exists.�

Tuesday, September 27, 2005

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The NHS Redress Scheme would not take away a person�s right to sue but those accepting packages of care and compensation under it would be required to waive their right to go to court on the same case.

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Whilst wecoming the opportunity for quicker admissions of liability and settlement of claims, Mr. Walsh commented that: �There must be specialist, independent legal and medical advice available to claimants, or there will be a risk that people will feel under pressure to settle for what could be much less than they need or deserve. Legal aid needs to be available to people to pay for specialist advice.�

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Under the scheme a panel of experts will be appointed to investigate allegations of negligence and patients will receive an explanation and be told of any action proposed to prevent repetition. There will also be a package of care providing remedial treatment, and continuing care where needed.

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In the light of the finding of the The National Audit Office that the legal and administrative costs of settling claims exceed the money actually paid to the victim in the majority of claims under �45,000 and take up an even higher proportion of smaller claims the other limb of the Redress Scheme provides for payments of up to �30,000 where there were serious shortcomings in the NHS care, the harm could have been avoided and if the adverse outcome was not the result of the natural progression of the illness.

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Peter Walsh said of this proposal: �It would be perverse if the NHS sought to deprive those injured because of clinical negligence the actual compensation they deserve and need. People injured in a hospital setting have the same care needs and should have the same rights as people hurt in a road traffic accident or injured at work. There must be absolute guarantees about the quality of the care packages that will be on offer and there has to be choice and control for the family over such packages.�

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Brain damage at birth accounts for around 60% of the NHS clinical negligence budget with damage awards in some cases of �millions receiving much media publicity. The Redress Scheme would provides for a no-fault package of compensation in respect of babies born with �severe neurological impairment provided it was not due to a genetic or congenital abnormality�. The package would include a maximum initial payment of �50,000 for pain, suffering and loss of amenity, managed medical care with monthly payments for other care which, in the case of seriously impaired babies could be up to �100,000 per annum, and one-off lump sum payments for home adaptations and equipment.

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The report�s main recommendation is the setting up of �The NHS Redress Scheme�, one of the limbs of which will cover neurologically impaired babies where the birth was under NHS care and the impairment was birth related.

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According to Mr. Walsh: �There has been a lot of scaremongering about the cost of clinical negligence to the NHS�. He expressed concern: �at the way that people who have been harmed by negligent treatment are stigmatised as being greedy. Less than 1% of all people who are harmed by avoidable medical accidents actually make a claim.� AVMA�s view is that rather than �short-changing� such people more funds should be directed towards prevention.

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Despite this sharp rise in the cost of compensating patients for clinical errors, Peter Walsh, Chief Executive of Action for Victims of Medical Accidents (AVMA) points out that: �Whilst a lot of money, this is well below 1% of the NHS budget. Many business have to spend well in excess of 1% of their budget on insurance alone.�

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Negligence actions have proved costly for the NHS in recent years � annual NHS clinical negligence expenditure rose from �1million in 1974/5 (�6.33 million at 2002 prices) to �446 million in 2001/2002.

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Some reforms to personal injury legislation within the existing tort system have already been introduced or proposed following Lord Woolf�s �Access to Justice� Report in 1996. For example, the introduction of Pre-Action Protocols, the encouragement of Alternative Dispute Resolution and Part 36 offers � enabling claimaints as well as defendants to make offers to settle. Sir Liam Donaldson�s aim is to try to further reduce legal costs for medical negligence and also to make it easier for patients to receive information and apologies without the necessity of going to court.

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The proposals contained in the report have been broadly welcomed by the Law Society. �Especially those for more and earlier use of mediation, specialist training for judges, better reporting of adverse incidents, and the introduction of effective rehabilitation services for victims� said its President Carolyn Kirby.

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At present 10% of hospital in-patient admissions are likely to result in some kind of adverse event, some 5% of the general population report suffering an adverse effect of medical care with almost a third of those claiming that this has had a permanent impact on their health. In addition, 18% of patients reported that they had been victims of a medication error in the previous two years. �The primary aim� according to the report �must be to reduce the number of medical errors that occur.�

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--------------------------------------------------------------------------------
�Legal proceedings for medical injury frequently progress in an atmosphere of confrontation, acrimony, misunderstanding and bitterness. The emphasis is on revealing as little as possible about what went wrong, defending clinical decisions that were taken and only reluctantly releasing information� was the view expressed by the Government�s Chief Medical Officer, Sir Liam Donaldson in his report into clinical negligence in the NHS � �Making Amends� � published on the 30th June.
The report contains a series of recommendations which includes an obligation on NHS health care professionals to report mistakes and �near misses� in order that lessons can be learned from them. In return for this �duty of candour� they will be given immunity from disciplinary proceedings except for those incidents where a crime was committed or where it would be unsafe to allow them to continue to practice.

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Article by Mary Luckham


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�Making Amends� an overhaul of compensation for medical negligence

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Although the Law Society has welcomed the plans for the scheme on the basis that claimants would retain the right to sue , Carolyn Kirby has expressed some concern namely that: �It is not enough to simply say the right is there, it has to be made practically possible for them to go to court if they feel their claim has not been resolved or appropriately handled by the redress scheme. We have to safeguard against people being refused legal aid or a fair hearing in court because an NHS redress system exists.�

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The NHS Redress Scheme would not take away a person�s right to sue but those accepting packages of care and compensation under it would be required to waive their right to go to court on the same case.

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Whilst wecoming the opportunity for quicker admissions of liability and settlement of claims, Mr. Walsh commented that: �There must be specialist, independent legal and medical advice available to claimants, or there will be a risk that people will feel under pressure to settle for what could be much less than they need or deserve. Legal aid needs to be available to people to pay for specialist advice.�

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Under the scheme a panel of experts will be appointed to investigate allegations of negligence and patients will receive an explanation and be told of any action proposed to prevent repetition. There will also be a package of care providing remedial treatment, and continuing care where needed.

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In the light of the finding of the The National Audit Office that the legal and administrative costs of settling claims exceed the money actually paid to the victim in the majority of claims under �45,000 and take up an even higher proportion of smaller claims the other limb of the Redress Scheme provides for payments of up to �30,000 where there were serious shortcomings in the NHS care, the harm could have been avoided and if the adverse outcome was not the result of the natural progression of the illness.

Monday, September 26, 2005

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Peter Walsh said of this proposal: �It would be perverse if the NHS sought to deprive those injured because of clinical negligence the actual compensation they deserve and need. People injured in a hospital setting have the same care needs and should have the same rights as people hurt in a road traffic accident or injured at work. There must be absolute guarantees about the quality of the care packages that will be on offer and there has to be choice and control for the family over such packages.�

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Brain damage at birth accounts for around 60% of the NHS clinical negligence budget with damage awards in some cases of �millions receiving much media publicity. The Redress Scheme would provides for a no-fault package of compensation in respect of babies born with �severe neurological impairment provided it was not due to a genetic or congenital abnormality�. The package would include a maximum initial payment of �50,000 for pain, suffering and loss of amenity, managed medical care with monthly payments for other care which, in the case of seriously impaired babies could be up to �100,000 per annum, and one-off lump sum payments for home adaptations and equipment.

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The report�s main recommendation is the setting up of �The NHS Redress Scheme�, one of the limbs of which will cover neurologically impaired babies where the birth was under NHS care and the impairment was birth related.

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According to Mr. Walsh: �There has been a lot of scaremongering about the cost of clinical negligence to the NHS�. He expressed concern: �at the way that people who have been harmed by negligent treatment are stigmatised as being greedy. Less than 1% of all people who are harmed by avoidable medical accidents actually make a claim.� AVMA�s view is that rather than �short-changing� such people more funds should be directed towards prevention.

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Despite this sharp rise in the cost of compensating patients for clinical errors, Peter Walsh, Chief Executive of Action for Victims of Medical Accidents (AVMA) points out that: �Whilst a lot of money, this is well below 1% of the NHS budget. Many business have to spend well in excess of 1% of their budget on insurance alone.�

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Negligence actions have proved costly for the NHS in recent years � annual NHS clinical negligence expenditure rose from �1million in 1974/5 (�6.33 million at 2002 prices) to �446 million in 2001/2002.

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Some reforms to personal injury legislation within the existing tort system have already been introduced or proposed following Lord Woolf�s �Access to Justice� Report in 1996. For example, the introduction of Pre-Action Protocols, the encouragement of Alternative Dispute Resolution and Part 36 offers � enabling claimaints as well as defendants to make offers to settle. Sir Liam Donaldson�s aim is to try to further reduce legal costs for medical negligence and also to make it easier for patients to receive information and apologies without the necessity of going to court.

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The proposals contained in the report have been broadly welcomed by the Law Society. �Especially those for more and earlier use of mediation, specialist training for judges, better reporting of adverse incidents, and the introduction of effective rehabilitation services for victims� said its President Carolyn Kirby.

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At present 10% of hospital in-patient admissions are likely to result in some kind of adverse event, some 5% of the general population report suffering an adverse effect of medical care with almost a third of those claiming that this has had a permanent impact on their health. In addition, 18% of patients reported that they had been victims of a medication error in the previous two years. �The primary aim� according to the report �must be to reduce the number of medical errors that occur.�

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--------------------------------------------------------------------------------
�Legal proceedings for medical injury frequently progress in an atmosphere of confrontation, acrimony, misunderstanding and bitterness. The emphasis is on revealing as little as possible about what went wrong, defending clinical decisions that were taken and only reluctantly releasing information� was the view expressed by the Government�s Chief Medical Officer, Sir Liam Donaldson in his report into clinical negligence in the NHS � �Making Amends� � published on the 30th June.
The report contains a series of recommendations which includes an obligation on NHS health care professionals to report mistakes and �near misses� in order that lessons can be learned from them. In return for this �duty of candour� they will be given immunity from disciplinary proceedings except for those incidents where a crime was committed or where it would be unsafe to allow them to continue to practice.

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Article by Mary Luckham


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Although the Law Society has welcomed the plans for the scheme on the basis that claimants would retain the right to sue , Carolyn Kirby has expressed some concern namely that: �It is not enough to simply say the right is there, it has to be made practically possible for them to go to court if they feel their claim has not been resolved or appropriately handled by the redress scheme. We have to safeguard against people being refused legal aid or a fair hearing in court because an NHS redress system exists.�

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The NHS Redress Scheme would not take away a person�s right to sue but those accepting packages of care and compensation under it would be required to waive their right to go to court on the same case.

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Whilst wecoming the opportunity for quicker admissions of liability and settlement of claims, Mr. Walsh commented that: �There must be specialist, independent legal and medical advice available to claimants, or there will be a risk that people will feel under pressure to settle for what could be much less than they need or deserve. Legal aid needs to be available to people to pay for specialist advice.�

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Under the scheme a panel of experts will be appointed to investigate allegations of negligence and patients will receive an explanation and be told of any action proposed to prevent repetition. There will also be a package of care providing remedial treatment, and continuing care where needed.

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In the light of the finding of the The National Audit Office that the legal and administrative costs of settling claims exceed the money actually paid to the victim in the majority of claims under �45,000 and take up an even higher proportion of smaller claims the other limb of the Redress Scheme provides for payments of up to �30,000 where there were serious shortcomings in the NHS care, the harm could have been avoided and if the adverse outcome was not the result of the natural progression of the illness.

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Peter Walsh said of this proposal: �It would be perverse if the NHS sought to deprive those injured because of clinical negligence the actual compensation they deserve and need. People injured in a hospital setting have the same care needs and should have the same rights as people hurt in a road traffic accident or injured at work. There must be absolute guarantees about the quality of the care packages that will be on offer and there has to be choice and control for the family over such packages.�

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Brain damage at birth accounts for around 60% of the NHS clinical negligence budget with damage awards in some cases of �millions receiving much media publicity. The Redress Scheme would provides for a no-fault package of compensation in respect of babies born with �severe neurological impairment provided it was not due to a genetic or congenital abnormality�. The package would include a maximum initial payment of �50,000 for pain, suffering and loss of amenity, managed medical care with monthly payments for other care which, in the case of seriously impaired babies could be up to �100,000 per annum, and one-off lump sum payments for home adaptations and equipment.

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The report�s main recommendation is the setting up of �The NHS Redress Scheme�, one of the limbs of which will cover neurologically impaired babies where the birth was under NHS care and the impairment was birth related.

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According to Mr. Walsh: �There has been a lot of scaremongering about the cost of clinical negligence to the NHS�. He expressed concern: �at the way that people who have been harmed by negligent treatment are stigmatised as being greedy. Less than 1% of all people who are harmed by avoidable medical accidents actually make a claim.� AVMA�s view is that rather than �short-changing� such people more funds should be directed towards prevention.

Sunday, September 25, 2005

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Despite this sharp rise in the cost of compensating patients for clinical errors, Peter Walsh, Chief Executive of Action for Victims of Medical Accidents (AVMA) points out that: �Whilst a lot of money, this is well below 1% of the NHS budget. Many business have to spend well in excess of 1% of their budget on insurance alone.�

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Negligence actions have proved costly for the NHS in recent years � annual NHS clinical negligence expenditure rose from �1million in 1974/5 (�6.33 million at 2002 prices) to �446 million in 2001/2002.

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Some reforms to personal injury legislation within the existing tort system have already been introduced or proposed following Lord Woolf�s �Access to Justice� Report in 1996. For example, the introduction of Pre-Action Protocols, the encouragement of Alternative Dispute Resolution and Part 36 offers � enabling claimaints as well as defendants to make offers to settle. Sir Liam Donaldson�s aim is to try to further reduce legal costs for medical negligence and also to make it easier for patients to receive information and apologies without the necessity of going to court.

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The proposals contained in the report have been broadly welcomed by the Law Society. �Especially those for more and earlier use of mediation, specialist training for judges, better reporting of adverse incidents, and the introduction of effective rehabilitation services for victims� said its President Carolyn Kirby.

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At present 10% of hospital in-patient admissions are likely to result in some kind of adverse event, some 5% of the general population report suffering an adverse effect of medical care with almost a third of those claiming that this has had a permanent impact on their health. In addition, 18% of patients reported that they had been victims of a medication error in the previous two years. �The primary aim� according to the report �must be to reduce the number of medical errors that occur.�

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--------------------------------------------------------------------------------
�Legal proceedings for medical injury frequently progress in an atmosphere of confrontation, acrimony, misunderstanding and bitterness. The emphasis is on revealing as little as possible about what went wrong, defending clinical decisions that were taken and only reluctantly releasing information� was the view expressed by the Government�s Chief Medical Officer, Sir Liam Donaldson in his report into clinical negligence in the NHS � �Making Amends� � published on the 30th June.
The report contains a series of recommendations which includes an obligation on NHS health care professionals to report mistakes and �near misses� in order that lessons can be learned from them. In return for this �duty of candour� they will be given immunity from disciplinary proceedings except for those incidents where a crime was committed or where it would be unsafe to allow them to continue to practice.

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�Making Amends� an overhaul of compensation for medical negligence

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Although the Law Society has welcomed the plans for the scheme on the basis that claimants would retain the right to sue , Carolyn Kirby has expressed some concern namely that: �It is not enough to simply say the right is there, it has to be made practically possible for them to go to court if they feel their claim has not been resolved or appropriately handled by the redress scheme. We have to safeguard against people being refused legal aid or a fair hearing in court because an NHS redress system exists.�

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The NHS Redress Scheme would not take away a person�s right to sue but those accepting packages of care and compensation under it would be required to waive their right to go to court on the same case.

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Whilst wecoming the opportunity for quicker admissions of liability and settlement of claims, Mr. Walsh commented that: �There must be specialist, independent legal and medical advice available to claimants, or there will be a risk that people will feel under pressure to settle for what could be much less than they need or deserve. Legal aid needs to be available to people to pay for specialist advice.�

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Under the scheme a panel of experts will be appointed to investigate allegations of negligence and patients will receive an explanation and be told of any action proposed to prevent repetition. There will also be a package of care providing remedial treatment, and continuing care where needed.

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In the light of the finding of the The National Audit Office that the legal and administrative costs of settling claims exceed the money actually paid to the victim in the majority of claims under �45,000 and take up an even higher proportion of smaller claims the other limb of the Redress Scheme provides for payments of up to �30,000 where there were serious shortcomings in the NHS care, the harm could have been avoided and if the adverse outcome was not the result of the natural progression of the illness.

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Peter Walsh said of this proposal: �It would be perverse if the NHS sought to deprive those injured because of clinical negligence the actual compensation they deserve and need. People injured in a hospital setting have the same care needs and should have the same rights as people hurt in a road traffic accident or injured at work. There must be absolute guarantees about the quality of the care packages that will be on offer and there has to be choice and control for the family over such packages.�

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Brain damage at birth accounts for around 60% of the NHS clinical negligence budget with damage awards in some cases of �millions receiving much media publicity. The Redress Scheme would provides for a no-fault package of compensation in respect of babies born with �severe neurological impairment provided it was not due to a genetic or congenital abnormality�. The package would include a maximum initial payment of �50,000 for pain, suffering and loss of amenity, managed medical care with monthly payments for other care which, in the case of seriously impaired babies could be up to �100,000 per annum, and one-off lump sum payments for home adaptations and equipment.

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The report�s main recommendation is the setting up of �The NHS Redress Scheme�, one of the limbs of which will cover neurologically impaired babies where the birth was under NHS care and the impairment was birth related.

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According to Mr. Walsh: �There has been a lot of scaremongering about the cost of clinical negligence to the NHS�. He expressed concern: �at the way that people who have been harmed by negligent treatment are stigmatised as being greedy. Less than 1% of all people who are harmed by avoidable medical accidents actually make a claim.� AVMA�s view is that rather than �short-changing� such people more funds should be directed towards prevention.

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Despite this sharp rise in the cost of compensating patients for clinical errors, Peter Walsh, Chief Executive of Action for Victims of Medical Accidents (AVMA) points out that: �Whilst a lot of money, this is well below 1% of the NHS budget. Many business have to spend well in excess of 1% of their budget on insurance alone.�

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Negligence actions have proved costly for the NHS in recent years � annual NHS clinical negligence expenditure rose from �1million in 1974/5 (�6.33 million at 2002 prices) to �446 million in 2001/2002.

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Some reforms to personal injury legislation within the existing tort system have already been introduced or proposed following Lord Woolf�s �Access to Justice� Report in 1996. For example, the introduction of Pre-Action Protocols, the encouragement of Alternative Dispute Resolution and Part 36 offers � enabling claimaints as well as defendants to make offers to settle. Sir Liam Donaldson�s aim is to try to further reduce legal costs for medical negligence and also to make it easier for patients to receive information and apologies without the necessity of going to court.

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The proposals contained in the report have been broadly welcomed by the Law Society. �Especially those for more and earlier use of mediation, specialist training for judges, better reporting of adverse incidents, and the introduction of effective rehabilitation services for victims� said its President Carolyn Kirby.

Saturday, September 24, 2005

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At present 10% of hospital in-patient admissions are likely to result in some kind of adverse event, some 5% of the general population report suffering an adverse effect of medical care with almost a third of those claiming that this has had a permanent impact on their health. In addition, 18% of patients reported that they had been victims of a medication error in the previous two years. �The primary aim� according to the report �must be to reduce the number of medical errors that occur.�

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--------------------------------------------------------------------------------
�Legal proceedings for medical injury frequently progress in an atmosphere of confrontation, acrimony, misunderstanding and bitterness. The emphasis is on revealing as little as possible about what went wrong, defending clinical decisions that were taken and only reluctantly releasing information� was the view expressed by the Government�s Chief Medical Officer, Sir Liam Donaldson in his report into clinical negligence in the NHS � �Making Amends� � published on the 30th June.
The report contains a series of recommendations which includes an obligation on NHS health care professionals to report mistakes and �near misses� in order that lessons can be learned from them. In return for this �duty of candour� they will be given immunity from disciplinary proceedings except for those incidents where a crime was committed or where it would be unsafe to allow them to continue to practice.

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Article by Mary Luckham


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�Making Amends� an overhaul of compensation for medical negligence

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Although the Law Society has welcomed the plans for the scheme on the basis that claimants would retain the right to sue , Carolyn Kirby has expressed some concern namely that: �It is not enough to simply say the right is there, it has to be made practically possible for them to go to court if they feel their claim has not been resolved or appropriately handled by the redress scheme. We have to safeguard against people being refused legal aid or a fair hearing in court because an NHS redress system exists.�

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The NHS Redress Scheme would not take away a person�s right to sue but those accepting packages of care and compensation under it would be required to waive their right to go to court on the same case.

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Whilst wecoming the opportunity for quicker admissions of liability and settlement of claims, Mr. Walsh commented that: �There must be specialist, independent legal and medical advice available to claimants, or there will be a risk that people will feel under pressure to settle for what could be much less than they need or deserve. Legal aid needs to be available to people to pay for specialist advice.�

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Under the scheme a panel of experts will be appointed to investigate allegations of negligence and patients will receive an explanation and be told of any action proposed to prevent repetition. There will also be a package of care providing remedial treatment, and continuing care where needed.

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In the light of the finding of the The National Audit Office that the legal and administrative costs of settling claims exceed the money actually paid to the victim in the majority of claims under �45,000 and take up an even higher proportion of smaller claims the other limb of the Redress Scheme provides for payments of up to �30,000 where there were serious shortcomings in the NHS care, the harm could have been avoided and if the adverse outcome was not the result of the natural progression of the illness.

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Peter Walsh said of this proposal: �It would be perverse if the NHS sought to deprive those injured because of clinical negligence the actual compensation they deserve and need. People injured in a hospital setting have the same care needs and should have the same rights as people hurt in a road traffic accident or injured at work. There must be absolute guarantees about the quality of the care packages that will be on offer and there has to be choice and control for the family over such packages.�

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Brain damage at birth accounts for around 60% of the NHS clinical negligence budget with damage awards in some cases of �millions receiving much media publicity. The Redress Scheme would provides for a no-fault package of compensation in respect of babies born with �severe neurological impairment provided it was not due to a genetic or congenital abnormality�. The package would include a maximum initial payment of �50,000 for pain, suffering and loss of amenity, managed medical care with monthly payments for other care which, in the case of seriously impaired babies could be up to �100,000 per annum, and one-off lump sum payments for home adaptations and equipment.

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The report�s main recommendation is the setting up of �The NHS Redress Scheme�, one of the limbs of which will cover neurologically impaired babies where the birth was under NHS care and the impairment was birth related.

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According to Mr. Walsh: �There has been a lot of scaremongering about the cost of clinical negligence to the NHS�. He expressed concern: �at the way that people who have been harmed by negligent treatment are stigmatised as being greedy. Less than 1% of all people who are harmed by avoidable medical accidents actually make a claim.� AVMA�s view is that rather than �short-changing� such people more funds should be directed towards prevention.

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Despite this sharp rise in the cost of compensating patients for clinical errors, Peter Walsh, Chief Executive of Action for Victims of Medical Accidents (AVMA) points out that: �Whilst a lot of money, this is well below 1% of the NHS budget. Many business have to spend well in excess of 1% of their budget on insurance alone.�

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Negligence actions have proved costly for the NHS in recent years � annual NHS clinical negligence expenditure rose from �1million in 1974/5 (�6.33 million at 2002 prices) to �446 million in 2001/2002.

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Some reforms to personal injury legislation within the existing tort system have already been introduced or proposed following Lord Woolf�s �Access to Justice� Report in 1996. For example, the introduction of Pre-Action Protocols, the encouragement of Alternative Dispute Resolution and Part 36 offers � enabling claimaints as well as defendants to make offers to settle. Sir Liam Donaldson�s aim is to try to further reduce legal costs for medical negligence and also to make it easier for patients to receive information and apologies without the necessity of going to court.

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The proposals contained in the report have been broadly welcomed by the Law Society. �Especially those for more and earlier use of mediation, specialist training for judges, better reporting of adverse incidents, and the introduction of effective rehabilitation services for victims� said its President Carolyn Kirby.

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At present 10% of hospital in-patient admissions are likely to result in some kind of adverse event, some 5% of the general population report suffering an adverse effect of medical care with almost a third of those claiming that this has had a permanent impact on their health. In addition, 18% of patients reported that they had been victims of a medication error in the previous two years. �The primary aim� according to the report �must be to reduce the number of medical errors that occur.�

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--------------------------------------------------------------------------------
�Legal proceedings for medical injury frequently progress in an atmosphere of confrontation, acrimony, misunderstanding and bitterness. The emphasis is on revealing as little as possible about what went wrong, defending clinical decisions that were taken and only reluctantly releasing information� was the view expressed by the Government�s Chief Medical Officer, Sir Liam Donaldson in his report into clinical negligence in the NHS � �Making Amends� � published on the 30th June.
The report contains a series of recommendations which includes an obligation on NHS health care professionals to report mistakes and �near misses� in order that lessons can be learned from them. In return for this �duty of candour� they will be given immunity from disciplinary proceedings except for those incidents where a crime was committed or where it would be unsafe to allow them to continue to practice.