Victims of clinical negligence wait longer

Victims of clinical negligence are experiencing record-breaking waiting times to secure justice, as highlighted in a recent report from the Association of Personal Injury Lawyers (APIL). The report reveals significant delays and aims to shed light on the urgent need for reforms in the claims process. “Victims of clinical negligence are waiting longer than ever to receive both the answers and the financial support they desperately need,” said APIL president Guy Forster. He also noted that “over the past 10 years the path to justice has become more time-consuming,” attributing this trend to the rising legal costs associated with lengthy delays.

The research indicates that NHS Resolution (NHSR) now takes more than two years on average to settle clinical negligence claims. When 2013/14 figures are considered, victims now endure an additional ten months of waiting for their claims to be resolved. APIL’s report, titled Clinical Negligence: The reality behind the myths, not only highlights these delays but also proposes measures to improve the efficiency of the claims process.

“We’re also calling for amendments to the pre-action protocol to bolster the letter of notification requirements,” Guy explained, emphasising the need for effective correspondence within the protocol to facilitate meaningful investigations at earlier stages of claims. The findings pointed to the most severely injured victims suffering the most from these delays, with those holding the highest value claims facing waits exceeding eight years, nearly two years longer than in prior years.

“There may in some cases be good reasons to wait longer, such as taking time to see how an injury evolves before assessing long-term needs,” Guy acknowledged. However, he argued that many victims of negligence find themselves suffering unnecessarily long waits for justice. “Reducing the delays would also help bring down legal costs in a way that does not undermine vital access to legal support,” he added.

As the Department of Health and Social Care contemplates its next moves on NHS spending related to negligence, concerns grow about potential detrimental reforms to the compensation system. Recognising that the evidence consistently points back to improving patient safety, Guy emphasised that the claims process could still benefit from enhanced efficiency. “Implementing our proposals would help reduce delays, reduce legal costs in turn, and ensure the claims process better serves victims of negligence,” he concluded.