Hospitals Handing Out Leaflets on Claiming Compensation for Negligence [16th Jan 2012]
Hospitals are being accused of hypocrisy this week after it emerged that many were handing out leaflets explaining to patients how they can claim compensation for their injuries. The NHS is receiving cash from law firms to leave their cards and brochures in waiting rooms, provided the firms do not encourage their clients to sue the hospital for medical negligence. It is estimated that two thirds of UK hospitals display posters or leaflets in return for up to £50,000 per year from the law firms involved. MP Andrew Bridgen has commented that this is shockingly unethical that hospitals should seek to avoid their own legal responsibilities in return for cash. He wants these practices stopped. MP Douglas Carswell agrees. He points out that a deal between a publicly funded service provider and a profit-seeking law firm is disturbing. He acknowledges that people should have access to information about their rights to claim compensation, but the arrangement is not in the best interests of patients. A law firm based in Wales is leading a huge bid to claim compensation for those women affected by the PIP breast implant scandal. The law firm, Hugh James is hoping to seek compensation for 250 women and other firms are working on similar claims for many thousands of women across the country. It is thought that private clinics in the UK could be expected to pay up to £15,000 in compensation to those women affected. This could mean a total of more than £10 million. Mark Harvey from Hugh James has commented that unless there are changes made to the system, there is nothing to say that this type of scandal could not happen again. The firm has been investigating these implants since 2009 when women first started complaining about ruptures. Harvey has estimated that three in five women affected is seeking compensation. The Welsh Government has said that it will pay for removal of the implants if there is a clinical need, however the central UK government has not given a similar undertaking. The Department of Health has declared that almost £200 million has been put into a pot for NHS compensation payments after an increase in claims over the last two years. The money has gone to the NHS Litigation Authority who has seen their reserves diminish as payouts increased. The Health Minister Lord Howe has commented that following a review of the claims made it was decided to make more funds available to ensure those who are entitled to claim can do so. He points out that the government's proposals to reform the civil litigation system should help to strike a balance between access to compensation and the need to ensure claims are proportionate, sustainable and affordable. Meanwhile the financial director of the NHS Litigation Fund Tom Fothergill has pointed out that no win no fee lawyers have pushed up the cost of legal action, in addition to a ruling which saw the wages of carers linked to earnings rather than inflation. It has emerged that the gay Church of England priest Dr Jeffrey John has consulted lawyers and is considering suing for compensation after he was forced to stand down from his post as suffragan bishop of Reading. John, who is in a civil partnership with another cleric, but is celibate, was prevented from becoming bishop of Southwark after the Archbishops of Canterbury and York stepped in. He has now hired lawyers to fight his case under the Equality Act. According to current Church of England legal advice, gay priests are not barred from promotion to bishop as long as they are not sexually active. However one clause does state that appointments can be vetoed if it is considered that the appointment would cause divisions. The rev Rod Thomas from the conservative evangelical group Reform has commented that John has stoked the fires of controversy and that using the law to settle a dispute is regrettable. |
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