NHS Annual Reports show decrease in litigation

Posted By Kirsty Dakin - 26th August 2021

The NHS have published its annual reports for 2020/2021 which details the performance of the NHS and the steps that have been taken to adapt its services, both existing and after the Covid-19 pandemic.

The report showed that through alternative dispute resolution such as mediation, the NHS resolved a greater number of cases without going to court in 2020/2021 than ever before. This demonstrates co-operation between the parties to resolve claims earlier, despite the challenges that came with the Covid-19 pandemic. According to the report, the amount paid out for medical negligence claims has reduced by £120 million.

The NHS encourage settlement through mediation without the need for court involvement. A safety and learning expert has been appointed to assist with the mediation process and ensure that the NHS has insight into what opportunities the claims provide for the health service to improve.

The NHS has created two Covid-19 specific indemnity schemes, which have allowed the NHS to effectively continue to address the challenges posed by the health system throughout the pandemic. A protocol has also been established between the NHS and claimant lawyers, to effectively assist in claims and moving to remote working without affecting the claims process and the resolution services that they provide. We have found this protocol to be very useful throughout the pandemic and we hope that many of the elements of it, which increase co-operation between claimant lawyers and the NHS, will continue in the future once the pandemic is over.

Despite the focus on early resolution of claims, the NHS continues to focus on the core aims of reducing harm, improving the response to harm and thus reducing the conversion of harm to claims. We hope that these efforts are adopted across the NHS to improve patient safety.

At Moosa-Duke Solicitors, we welcome the efforts of the NHS in encouraging early resolution of medical negligence claims through alternative dispute resolution, such as mediation. This gives our clients the opportunity to resolve their claim early, saving years of unnecessary litigation and legal fees.

Moosa-Duke Solicitors are experienced clinical negligence solicitors. If you believe that you or a loved one has suffered as a result of substandard care from a medical professional, please feel free to call us on 0116 254 7456 for a no-obligation discussion.