New APIL president urges cautious approach

As the Government considers reforms aimed at addressing NHS spending on clinical negligence, the newly appointed president of the Association of Personal Injury Lawyers (APIL), Guy Forster, is urging policymakers to bear in mind the significant role that injury claims play within society and the economy. “Claims for redress are all too often viewed by policymakers as a financial burden, when in reality it is evident that supporting injured victims of negligence is an economic enabler,” Guy stated following his assumption of the presidency on 14 May. He elaborated, “Access to justice and fair compensation enables better recoveries from harm, helps to get people back to work, and reduces dependency on state welfare and health and social care.”

Guy's remarks coincide with the ongoing anticipation of the Department of Health and Social Care's review of clinical negligence and forthcoming decisions from the Public Accounts Committee (PAC) due in the autumn. He pointed out that, “The biggest point of all is that negligence and needless human suffering are the real burdens. Patient safety must be the focus.” He believes there are practical ways to cut costs without obstructing access to justice, noting that a lack of transparency following incidents of harm fails to facilitate learning from mistakes. “Families deserve candour and meaningful discussions about what happened,” he added.

Guy highlighted the proposed Public Office (Accountability) Bill designed to force public authorities and officials into greater transparency and accountability. “It would go a lot further towards improving patient safety, reducing costs, and aiding swifter outcomes for injured patients than some of the ideas suggested in the current raft of investigations on clinical negligence spending,” he explained. He cautioned against recent suggestions to repeal the rights of injured patients to claim for private healthcare costs, asserting that such a move wouldn't noticeably impact spending but would instead place further strain on the existing NHS infrastructure. “It would only serve to deny victims of NHS negligence the support they need,” he remarked.

Further reinforcing his point, Guy noted APIL's research indicating that only four per cent of damages spending is influenced by the right to claim private treatment. He concluded with an essential reminder: “No matter what comes next, there must be proper engagement with patient representatives, including the legal profession, and any decisions must be founded in evidence.”

Guy Forster, a seasoned clinical negligence specialist solicitor and partner at Fieldfisher, has an extensive background in managing complex cases involving both children and adults. His commitment to the field includes five years of service on APIL's executive committee, where he has contributed notably as vice president since 2024. Guy’s expertise recently informed evidence he provided to Baroness Amos’ review of maternity care on behalf of the association, underscoring his dedication to enhancing patient safety and justice within the healthcare system.