 | Centre for Policy Studies report - ignorant and one-sided |
|---|---|
| Posted By : Bill On 06/10/2017 15:45:00 | |
| Bill Braithwaite QC has labelled a medico-legal report by the Centre for Policy Studies as “enormously ignorant and one-sided”. The report - The Medico-Legal Crisis and How to Solve it - by Dr Paul Goldsmith, says the NHS’ liabilities for medico-legal claims now total £65bn, draining the NHS of much needed funds and putting patients at risk by driving GPs out of practice. It also claims that the UK’s medico-legal bill is £24 per person, more than twice the US’ £9 per person, despite the US’s reputation as a more litigious culture. Said Bill Braithwaite QC: “The £65 billion is a ridiculous projection over many future years, using scare-mongering assumptions. “Let’s also remember that the foundation of every successful claim is negligence by doctors and medical staff - and that seems to be getting worse.” Dr Paul Goldsmith’s report warns that the cost of claims in the UK is likely to increase substantially after the drop in the discount rate from 2.5 per cent to -0.75 per cent, and adds that “many in the insurance industry believe that the reduction in the discount rate will result in over-compensation”. “At best, this is misinformation,” responded Bill Braithwaite. “Under pressure from the powerful insurance lobby, and partly to help the NHS, the Government has already backtracked on its decision earlier this year. “Claimants should not be expected to run any investment risks with money which a Judge has declared is essential to their future health and well-being - yet this is now the reality of their situation. “Prior to this year’s change, the discount rate was last set in 2001 - meaning claimants have been under-compensated for over fifteen years.” Dr Paul Goldsmith’s report says that the law covering financial awards is out of date, reflecting an assumption that claimants would use private care, rather than returning to the NHS. Responded Bill: “We in the ‘industry’ all know that reliance on the NHS for lifelong care would be madness - the chasm in quality of life between those with, and those without, compensation is vast. “The report goes on to say that loss of earnings claims should be limited - but that would attack the very basic principle of compensation, acknowledged by the Government, that the object is to put right the wrong that has been done.” Bill Braithwaite also takes exception to the report’s claim that “the current system is expensive, unsustainable and can cause more harm than good”. “I wonder where he has found the evidence that it causes harm?” he asks. “Is it so wrong that negligent - ie careless – doctors and clinical staff should be confronted with the damage they’ve done, and that their employers should be made to pay?” | |
    | |
| [1] |
|---|
