Historical bill for NHS medical claims higher than ever

NHS medical mistakes dating back twenty years are still costing millions of pounds per year in compensation. The bill for errors that took place before 1995 has been rising the first time in five years, with most cases relating to maternity failings. Whilst the NHS says that it has taken steps to speed up the process, a patient’s charity reported the figures as proof of just how long some families have to wait for payouts.

Birth neglect:

Many of the claims that make up the millions of pounds’ worth of compensation are regarding negligence during pregnancy and birth that have left children with birth defects, illnesses, and even brain damage, leading to conditions such as cerebral palsy. This week, it was reported that a nine-year-old girl from Co. Antrim is to be awarded more than £8 million in damages after being starved of oxygen during birth at the Mater Hospital in Belfast. Eight-year-old Thomas Hord was left with cerebral palsy affecting all four limbs when he was starved of oxygen during birth after midwives failed to place a foetal heart monitor in the correct position. The family had to wait seven years for compensation before securing £2.5m and annual payments for the cost of Thomas’ care.

Medical negligence on the rise:

More and more families are coming forward with medical negligence claims, both during birth and at other points. In England alone, the bill for medical negligence claims has risen by four times as much in the past decade, totaling a huge £1.6b last year. However, the NHS has a separate, government-funded scheme specifically for dealing with claims that are made for events before April 1995. According to the BBC, the scheme’s payouts rose last year by 13% to almost £28m. Action Against Medical Accidents, a patient’s charity, said that the bill’s growing size demonstrated the tragic cost of what were often basic errors in maternity care.

Why do families wait so long?

One of the biggest questions surrounding the news of the high medical negligence claim bill is why families are waiting so long for compensation. Sixteen-year-old Daniel Spencer was left severely disabled after being starved of oxygen before birth and his family was left funding his care themselves for twelve years before the NHS admitted liability, and almost two more years before being awarded compensation.

There are a number of reasons why a long time may elapse between the mistake occurring and a payout being awarded. Sometimes, assessments on the child’s health can only be done once they are older, whilst in some cases, it’s simply because families don’t realise until years later that they have grounds for a claim. If your child suffers from a disability or illness and you believe that it may be due to a medical mistake, get in touch with these medical negligence solicitors who deal with cerebral palsy claims to get advice on the next steps to take.

In addition to the existing historical claims, NHS Resolution, which handles negligence claims on behalf of hospitals, says that they are still receiving claims for historical events. Cash incentives are now being provided to hospitals that take steps to make maternity care safer.