NHS legal costs skyrocket

July 20, 2012 · Posted in Education · Comment 

Over 270 million pounds is spent by the NHS every year to defend personal injury and negligence claims as legal bills

The bill for compensation is around twice this enormous spend on legal teams, coming in at more than 500 million.

However, even though the figures are eye-watering allegations persist that no win, no fee lawyers frequently get the lion’s share when it comes to payouts, rather than injured clients or their families.

One such case gives a vivid illustration. The family of a patient who died as a result of an infection while receiving treatment for cancer received 2,000 in damages. However, their solicitors were paid 61,268, and the cost to the NHS to defend the claim was 31,541 making a grand total of 92,809 in legal fees,

In one case a family received 2,000 after their relative died during cancer treatment from an infection. Giving a stark example of the claims of exaggerated legal fees, however, the families successful solicitors were paid 61,268 and it cost the NHS 31,541 to defend the claim, which is 92,809 legal, all in.

Another case saw lawyers submit a bill to the NHS for 208,636 after they secured a client’s family a total of 5,000 compensation. The defence costs were 32,700. Although the winning solicitors later negotiated their whopping fee down to 145,000, this still represents nearly 36 times the amount of compensation spent on the legal fees.

In another repugnant result, winning lawyers billed 208,686 (although they must have been shame-faced about it because they later negotiated it down to 145,000). They had won just 5,000 in compensation for their client. The defence costs were 32,700 leaving the NHS to foot a total bill of 177,700 – shockingly about 36 times the damages awarded.

Steve Barclay, Conservative MP scowled: “Lawyers… have an incentive to increase the length of cases to push up costs.”

There have been claims from the Ministry of Justice that the Sentencing and Punishment of Offenders Act will next year put something of a cap on outlandish success fees when it reforms no win, no fee arrangements.

Mediation of potential court actions produces successful results on average in nearly 90% of cases.

If you have ever been involved in a legal dispute, you will understand how quickly the costs can spiral out of control and before you know it, you’re deciding whether to continue the case based on what its going to cost you to continue rather than whether you actually have a legitimate argument or not. With mediation a solution could have been found much faster. If you need legal help, you may now consider direct access Barrister as your first port of call. If you contact Barrister Direct, you will find Barristers most professional, very helpful, and extremely knowledgable in your desired area of expertise. They will guide you through the process of sorting out your legal issue, and finding a resolution.

For further information or If employers are in any doubt, or need advice to implement or overhaul their staff handbook then employment law experts are available to help at Barrister Direct which also offers a direct access barrister service.

Getting Secondary Treatment, Not An Option

June 24, 2012 · Posted in Education · Comment 

Medical professionals, physicians and other health care providers owe it to those who seek their medical facility. Once agreed to treat a patient, it becomes a professional duty of a doctor or physician to give their patient with best and top care but when professionals fail to perform their duties in the right way it causes harm to their patients because of their negligence. Medical malpractice is the term used for such careless mistakes.

Medical malpractice is also known as medical negligence and refers to unsatisfactory, unqualified, or careless treatment of a patient by a physician, nurse, dentist, pharmacist, or any other health care professional. It explains the professional negligence of patient by a health care provider in which the treatment given to the patient is below the standard medical practice in the medical community or that region. When this negligence results in an injury or death to the patient, medical negligence claims are brought against the hospital.

Although, standards and regulations for medical negligence differ from region to region and states countless medical negligence claims are made when such errors occur. People who themselves or their loved one have been injured because of poor care from a hospital or any other care provider in general, they come to law firms with medical negligence claims against the medical team. Lawyers and firms specialized in this area of work make sure that their client is compensated for the harm caused to them due the medical negligence. Once proved the negligence of the medical staff the case becomes very strong and client’s loss is fully compensated.

Since medical negligence law suits often make strong cases conditional fee arrangements are made between the client and the lawyer. So lawyers work to win the suit in favor of their party by proving the hospital’s negligence and are paid by the client only if the case is in favor of the party. As the loss due to this reason sometimes can result into death public funding is also provided in such cases. The hospital is bound to pay for the loss as the damage is done due to their irresponsibility.

According to the statistics, in the United States approximately 195,000 people are killed every year because of medical errors. Studies also show that between 15,000 and 19,000 medical negligence claims against doctors are brought to the court annually. Hospital costs associated with medical negligence cases in October 2008 alone was estimated to be $324 million. These studies show that medical negligence claims are not uncommon and hospitals deal with a lot due to such cases because of their own mismanagement.

The medical malpractice suits come under litigation part of tort law. Medical negligence claims have been a highly controversial issue since the 1970s. The reason is that a large number of suits are brought against physicians, they have begun insist for legal reforms to such cases. While the lawyers and attorneys disagree and claim that that such cases bring justice to medical neglected patients and are an efficient method of compensating such victims which can result in lesser cases of medical malpractice improving patient care and over all medical care. Attacking medical profession with such cases results in a more alert team of doctors and professionals.

Are you looking for Medical Negligence Claims information? Always lok for some relible resource for Accident Injury Lawyers

The Right Approach to Medical Malpractice Cases

April 30, 2012 · Posted in Health · Comment 

Medical malpractice cases have some distinctive forms, based on which of the generally accepted standards of care was violated by the healthcare professional.

The types of cases fall into deficient diagnosis, poor treatment, and unnecessary injuries. We will describe these cases so that you will know them when you encounter them. It’s worth noting that one kind of malpractice case often turns into another, worse case as time goes on.

Although this is not a long list- just three types- it does encompass the greater part of all medical malpractice cases fought at trial in the United States. Other democracies around the globe fight similar abuses in the courts. This is a worldwide issue.

1. Mistaken Diagnosis

Most of the medical malpractice cases heard in courts (and settled out of court) are centered around false diagnosis of the patient’s condition. Incorrect diagnosis is the issue when the physician or nurse:

–Schedules an inadequate group of tests or orders too few tests

–Does not correctly interpret the results of tests that have been carried out

The end result of this medical negligence is that the patient has not been properly diagnosed for the true condition from which they are suffering. As you might guess, misdiagnosis is often the first misstep in a chain of errors that continues with the next type of medical malpractice cases.

2. Unsuitable Treatment

The next most common medical malpractice cases are regarding the improper treatment of a patient illness or injury. This is a natural follow-on from misdiagnosis, as it’s hard to treat the right illness or injury if the doctor starts with the wrong one. Improper treatment is considered the case when the doctor or healthcare professional:

–Stipulates medicines that will not help (and might harm) the patient

–Recommends treatment regimens that are unsuited to the patient’s illness or injury

Although this sounds bad, incorrect treatment usually does not blow up into full-on medical malpractice cases. More often than not, the incorrect treatment just does not do anything at all for the patient. When medical negligence is not the case, the doctor may be trying different treatments just to narrow the scope of treatment and rule out certain ailments.

If you suspect that you are the victim of improper treatment, then first discuss your concerns with your doctor. If you don’t get satisfaction, then consider talking to a medical malpractice lawyer.

3. Unjustifiable Injury

The least common of the great majority of medical malpractice cases concerns an unnecessary injury suffered at the hands of a physician’s treatment. It is naturally subsequent to the issues of incorrect diagnosis and unsuitable treatment, because it is much more likely to occur after experiencing one (or both) of those problems.

This can be hard to hear, but injuries to occur under regular, everyday medical treatment. The healthcare provider might not be liable for the damage if the provider:

–Executes their care according to the accepted standards

–Informs the patient about risks and issues of the recommended treatment option at the start

This is not meant protect doctors who do harm, but instead it considers that some mistakes or damage might be completely unavoidable no matter how much patience or how many precautions are taken.

If you think that a physician’s actions or advice have caused unnecessary injury to you due to medical negligence, then talk to other doctors about it first and foremost.

Remember that you also have a right to a second opinion from another qualified medical practitioner, if you so desire. Only then should you consider talking to a medical malpractice lawyer.

Find more straight answers on medical negligence at Jack Quincy’s site. Get the vital information you must have on medical malpractice cases before taking on healthcare providers in court.

Heady Injury – The First Notions

April 11, 2012 · Posted in Business · Comment 

Solicitors who have spent enough time representing Plaintiffs in personal injury and medical negligence cases ranging from bruises to fatalities know that head injury claims deserve the special treatment they tend to receive lately. The creation of this special niche is a certain progress of the independent legal services. First, the head is particularly important in our functioning as human beings. Second, such injuries are never inconsequential, so that head injury claims are underlain by serious conditions.

Head (brain) injuries are almost sure to alter the entire way in which we function as whole human beings. Apparatuses and medication are less certain to bring relief in the case of brain injury than in the case of any other vital organ. We may even lose other organs – implants and prosthetics will replace them in part. This is out of question for our head (brain), and regaining diminished or lost functions of our brain is oftentimes impossible.

Head injuries are caused by traumas taking place in traffic, at work or in any of the public places that we visit. Besides, careless medication can cause brain damage, as well. Coma (with or without brain injury), paralysis and sensory affectation (blindness or deafness) are only the most commonly known critical effects of shock to this susceptible area, where even small thumps can have extensive effects on our body, mind and soul. Consequences to a head injury don’t necessarily show right away.

Compensation for pain and suffering as well as for lost of amenity are the most important with head injury victims, whose medical and psychological conditions are implied by these legal terms. After head injury, the victim often loses some or all his capacity to lead an independent life. The person’s family and environment will be thus affected, as well. Effective medical and legal support can help all the involved to face their tough and sometimes lifelong battle.

Only lawyers who are both skilled and experienced can afford to handle head injury claims by organizing professional and caring legal services. No Win No Fee arrangements allowing victims to save their financial resources while claiming are a must when dealing with head injury. These victims need more than the carefully conducted medical examination of their head (brain) injuries, and the services of mediation or litigation that regular lawyers would offer. Head injury lawyers connect their work to the rehabilitation process of the victim, offering rehabilitation advice and monitoring, as well.

In order to facilitate your long term recovery or improvement, the head injury claims require vital and expert rehabilitation.

Are NHS waiting list targets bad news for patients?

January 31, 2012 · Posted in Health · Comment 

The NHS is a colossal institution, and the number of patients that must be treated by it is unimaginable. Because of this, it is a massively over burdened institution. Not only does it have to account for, and make sure all its staff are behaving professionally; it also has the mammoth task of making every patient feel well looked after, and helping as many as they can, as quick as they can.

And what’s more, this has to be done on an extremely limited budget. There are so many treatments that would help save lives, that cannot be used by the NHS due to lack of money. All of this, coupled with the lack of space, means that often really ill people are forced to wait on waiting lists to get the treatment they need. One in which people have tried to tackle this problem is by putting targets in place for how long a patient should have to wait, or how long waiting lists should be.

This method of tackling the issue is not helpful, however. It is the medical professionals, the doctors and nurses, who know how best to treat their patients. They will not, therefore, treat people for longer than they have to, for they know there are people waiting to be treated just outside the door, so to speak. And yet, ministers interfere and put down unrealistic targets, which threaten punishment for those who fail to meet them, and which can only be met by falling short of the quality of care required.

I’m sure you have seen headlines in the past about the fact that people have been taken off waiting lists in order to keep within targets set. Another way in which targets have been met is by treating people faster, and with less caution than is required. If the professionals were to treat people how they saw best, the waiting lists would not meet the targets set.

In short, if there is not enough money or resources, then only a certain amount of people can be treated at one time. Placing targets onto professionals to try and increase the amount of people seen over time, will not change how much resources there are, and will only serve to compromise care.

Speak to specialist clinical negligence solicitors about claiming compensation.

How does the UK’s medical negligence record compare with other countries?

December 24, 2011 · Posted in Health · Comment 

The NHS is a very big organisation with hundreds of locations across the UK and almost one and a half million employees working in them. With so many hospitals and staff the NHS is able to treat thousands of patients every day. With treating so many people each day though there is always the risk that someone will do something wrong which will result in injury or even death. These occurrences are somewhat expected but recently they have reached an all-time high in the UK.

A number of recent reports have shown that the UK’s medical negligence cases are extremely high with around 8000 deaths as a result in the last 13 years. This number is only those cases which resulted in death and this makes up a very small percentage of the total number of negligence cases.

Medical negligence cases in the UK have been on a constant increase since 1997 when the 223 instances resulting in death were recorded. Comparing that figure to 2010 when 903 people died there has been an increase of 300 per cent. Although the NHS has been widely criticised it isn’t only the UK which has a problem. America has terribly high medical negligence numbers too.

Medical negligence in America was investigated in 2000 and it was revealed that each year around 1,000,000 people were injured or became ill because of medical negligence. Further to this a staggering 44,000 to 98,000 deaths every year occurred because of the problem. Since the study took place these figures have only got worse too.

This problem is also large in Australia as they also have a high number of medical negligence cases each year. On average Australia has each year around 18,000 deaths, 50,000 permanently injured and a further 80,000 who end up hospitalised as a result of being given incorrect medication. Although figures for medical negligence are high in the UK, it isn’t just us who perhaps need to make some major changes in health care.

Speak to an expert about medical negligence compensation.