One of the reasons for the draft Bill is to steer patients away from litigation, which costs the NHS millions of pounds each year. Instead, it appears that cases of negligence could be investigated by the new statutory organisation, the Health Service Safety Investigation Body.
As a Clinical Negligence Solicitor, Chloe Sullivan, works with many people affected by poor healthcare, and therefore welcomes any moves to improve patient safety and give people answers when things have gone wrong.
What a statutory investigation body cannot replace, however, is independent access to justice. That includes claiming compensation, which for a patient whose life has been changed for ever could mean being able to keep their home or buying essential equipment to regain a normal standard of living.
We have no idea yet how long statutory investigations into medical negligence might take to complete, but it is fair to say they will be lengthy. Patients have up to three years to begin a legal claim, so if they are unhappy with the outcome of the investigation how much time would be left for them to take legal action?
There might also be a lack of confidence in the statutory process. Can we trust a government body, set up with cost-cutting as one of its aims, not to be partisan and to support the patient? Who will fight on the patient’s behalf to earn them fair compensation?
We do not know yet how investigations by the new body might work, but it is essential that any outcomes do not block any further action by the patient – so they can still pursue a legal claim for answers and compensation separately and independently. There must also be scope for legal claims to run concurrently with the statutory investigation.
Ultimately, a combination of the two routes will improve public healthcare as our hospitals, GPs and dentists are held to account for their blunders – and injured patients can start to rebuild their lives.
If you have experienced negligence at the hands of a medical professional, you may have a claim for compensation. Contact our Medical Negligence Team by calling 01754 897150 or submitting an online claim form.