Malpractice Crisis?

Question 1

Issue

Answer 1

Is there a malpractice crisis in the NHS? Greater social cost of malpractice litigation due to UK’s socialised, single provider and state funded healthcare system. Unlike in the USA where there are massively wealthy private entities providing and charging insurance for healthcare to reflect malpractice risks.

Question 2

Financial cost of malpractice litigation

Answer 2

This is one metric of measuring whether there is a crisis in the NHS. E.g. data from Hampshire PCT in 2012-13 shows that 1/3 of malpractice litigation expenditure didn’t go towards patients and vindicating their rights, but went solely to expensive lawyers.

Is this an effective use of resources? NHS could arguably use that money for saving lives elsewhere. Need to account for the cost of lawyers in this - arguably too much money going towards lawyers under the current framework.

Risk = compensation culture and defensive medicine like the USA.

Question 3

Justifications/reasons for malpractice litigation

Answer 3

• Deterrence
• Accountability
• Compensation and vindication of rights
• Confidence in the system

Question 4

Bristol Royal Infirmary

Answer 4

‘The Kennedy Inquiry’ - Ian Kennedy expressed serious concerns that malpractice litigation and fear of being sued had led to less accountability and information being suppressed. This makes it more difficult to understand problems to prevent them in the future and deal with malpractice scandals in the NHS.

Suggested that malpractice litigation should take a step back and possibly consider introducing some form of immunity for those who bring forward information - removes disincentive/risk of giving information which can make the NHS safer.