November Newsletter

Welcome to November’s newsletter. We trust you’ve had a good month!

This month at UKEM we are excited to welcome new members to our team and delve into the latest industry developments, offering our perspective as a medico-legal agency who regularly deal with medical negligence reports.

In this November issue, our focus turns to the extreme rise in medical negligence cases against the NHS.
We have examined reports from various sources to identify trends in data, aiming to outline a potential leading factor in the rise of these cases. Our goal is to gain a better understanding of the current state of medical negligence within the NHS.

Given our consistent involvement in medical negligence cases, this topic is particularly relevant to UKEM.

Understanding specific trends within these reports enables us to enhance our assistance and support for clients initiating medical negligence claims with us.

The NHS Struggles to Recover After Post-Pandemic Pressures

The lasting impact of the pandemic on the NHS is a concern.

In the recent months, many reports have surfaced regarding payouts from the NHS for medical negligence, due to Freedom of Information (FOI) requests. We have found numerous examples of reports regarding these payouts.

The NHS has spent £2.6 billion settling clinical negligence claims between April 2022 and March 2023, according to the annual report released by NHS Resolution.

This graph is from the NHS Resolution 2022/23 report.

The Graph shows the figures for claims against the NHS from 2013-2023.
In 2022/23 the NHS received a total of 13,511 clinical claims.

The increase in claims post-2020 raises questions about the potential impact of the global pandemic on healthcare services and patient experiences. This surge may imply a variety of factors, such as an elevated number of instances of negligence, delays in claims processing, or perhaps an overall strain on the healthcare system due to the unprecedented challenges posed by the pandemic.

The chaos brought about by the pandemic, with unprecedented challenges and a lack of preparation, significantly affected hospital staff. Overwhelmed and overworked, staff faced a complete upheaval of their training processes for safety during outbreaks.

The situation likely led to communication issues, misdiagnoses, and instances of negligence. Overwhelmed hospitals even discouraged people from seeking care for minor illnesses, potentially deterring those with more serious conditions due to concerns about staff overload or underestimating the severity of their health issues.

Furthermore, we have found several reports relating to the money the NHS have been paying out due to FOI requests and the key points are below.

Northern Irelands Negligence Payouts Skyrocket

Firstly, we have taken key points from a report released by the Belfast Telegraph regarding Northern Irelands NHS medical negligence pay outs.

Northern Ireland’s medical negligence bill surpasses £40 million after a substantial 40% surge in payouts over the last five years. This increase, anticipated by professionals due to the slow legal system, suggests further growth is likely.

As shown by the NHS resolution report, statistics are now revealing the repercussions of treatment-related challenges arising from the Covid-19 pandemic.

The continuous outflow of funds from a system already struggling to afford any losses does not indicate a forthcoming slowdown.

The Belfast Telegraph says that a solicitor had warned in 2021 of the potential of a “tsunami” of medical negligence cases as one of the enduring legacies of the coronavirus crisis. This foresight underscores the gravity of the situation and the challenges faced by both the legal and healthcare systems in grappling with the aftermath of unprecedented events.

As mentioned previously, NHS resolution have spent 2.6 billion from April 2022 to March 2023. Various reports have been released delving into payouts from individual trusts. We have come across multiple reports on this matter and have extracted several key points that we will delve into further below.

NHS Trusts Pay a Staggering Amount in Relation to Medical Negligence

A report written by the BBC goes in depth about a trust In Somerset.

Over the past 12 months, Somerset’s primary hospital trust has disbursed £13.5 million in medical negligence claims.

The data indicates that Somerset NHS Foundation Trust ranks among the top ten nationally for medical negligence payouts. In the last year alone, officials managed numerous individual claims, reflecting the trust’s prominent position in this regard.

The recently obtained FoI data, covering the period from July 2022 to July 2023, reveals that the trust faced a total of 77 medical negligence claims, resulting in a payout of £13,511,879.

This places Somerset NHS Foundation Trust as the eighth highest in terms of payouts among NHS trusts in England and Wales, and the highest in the southwest among trusts that responded to the FoI request.

As we delve into the alarming increase in medical negligence cases against the NHS, the data we’ve uncovered, spanning substantial financial outlays to the profound impact of the pandemic, raises critical questions about the resilience of our healthcare system in the face of unprecedented challenges—particularly post-2020.

NHS is Still Suffering Post-Pandemic: Urgent Reforms Needed

The chaos brought about by the pandemic has not only strained resources but has also had profound effects on hospital staff, leading to potential miscommunications, misdiagnoses, and instances of negligence. The sheer volume of claims and the financial toll on the NHS, with a significant £2.6 billion spent between April 2022 and March 2023, reveal a system under immense pressure.

While concerns about affordability persist, the question arises: can we afford to delay essential reforms in the health service any longer?

Without prompt reforms, the NHS will continue to bear the high costs of misdiagnoses, treatment delays, and errors made by overworked medical professionals. In any profession, errors can occur, emphasising the importance of ensuring optimal working conditions for healthcare staff.

Given the weighty responsibility that comes with serving in the NHS, where lives are entrusted to medical professionals, providing the best support to doctors and nurses is not just a preference but a necessity. Unfortunately, the current state of the health service not only fails those in need but also falls short in supporting its own crucial workforce.

At UKEM, we find ourselves at the intersection of these challenges, and our commitment to understanding and navigating these trends is unwavering. By delving into the data, we apply ourselves to better assist and support clients considering medical negligence claims. As we navigate these complex times, our dedication to providing the best possible assistance remains steadfast.

UKEM’s New Team Members!

This month, we have 4 new team members to introduce: Harry Bruce, Davina Ayres, Jacob Corrin and Naomi O’Kane.

We welcome two new members, Harry Bruce, and Davina Ayres, to our Industrial Disease team, where they will be starting their roles as File Handlers.

Additionally, Jacob Corrin is joining our Medical Negligence team as a File Handler.

In our Lincoln office, we are pleased to welcome Naomi O’Kane, who will be contributing as a Medical Records Nurse Analyst on our medical records team.

As always, we wish them the best of luck and we are excited to see how they progress in their role at UKEM.