Gwent medical claims rise by 40%

In figures obtained under the Freedom of Information act, we can reveal today that over the last five years, more than £4 million was claimed from the Aneurin Bevan Health Board and claims have increased by a staggering 40 percent during that time.

Last year, 136 claims of clinical negligence were made against the Aneurin Bevan Health Board, formerly the Gwent Healthcare NHS Trust, - an increase of 21 percent on the 112 claims lodged in 2008 and 41 percent on the 96 claims made in 2005.

Health chiefs claim there is a direct link between increases in negligence claims and periods of economic recession, but Newport solicitor Ken Thomas put the rise down to a greater awareness of failings in the healthcare system.

Mr Thomas, a partner at Newport’s Harding Evans Solicitors who deals with medical negligence, said increased press coverage of negligence cases combined with a greater willingness to question doctors’ decisions than there was 20 years ago has led to more people pursuing claims.

He and his colleagues dealt many more enquiries relating to clinical negligence in South Wales last year than in 2008 and had seen an increase of around 25 percent during each of the previous two years.

Mr Thomas said that among the clinical negligence cases settled in Gwent last year were cases involving care of the elderly, misdiagnosis of injuries in casualty, drug error, nursing negligence and misdiagnosis of fatal conditions.

He said major claims, including those involving brain damage which can lead to payouts of millions of pounds, can take more than a decade to be settled, whereas minor claims can be resolved within months.

There has been a decrease in the number of cases in which liability has been admitted and also the amount paid out in damages, but Mr Thomas said this was to be expected because cases can take more than a decade to resolve so more recent cases were less likely to have been settled.

Liability was admitted in 17 of last year’s cases and £76,029 paid out in damages - compared to 28 in 2008, leading to a pay out of £211,654, and 44 in 2005, resulting in a pay out of £2,793,010.

Mr Thomas expects settlements to be made in many more of the last five years’ cases over the coming years.

A spokesman for the Aneurin Bevan Health Board said: “The picture in terms of increased numbers of clinical negligence claims is reflected across Wales.

“There is a direct link between increases in negligence claims and periods of economic recession.

“Obviously not every claim is found to be justified and solicitors at Welsh Health Legal Services will continue to robustly defend cases on our behalf.”

'Complaints may stop errors'

Peter Woolley, from Oakdale, lost his wife through clinical negligence and stressed the importance of pursuing claims to prevent errors reccurring.

Mr Woolley, 64, sued Gwent Healthcare Trust for an undisclosed amount in 2005 after his wife, Stella, died at Newport’s Royal Gwent Hospital in March 2002.

Indications of a valve blockage in her heart, which were contained in an echocardiogram report, were not acted upon and an investigation found failings in her care.

Mr Woolley found pursuing the claim for two years hard work, but was relieved to finally be told errors had been made because he had always believed something was wrong.

The investigation into Mrs Woolley’s death found it was the system, rather than individuals, at fault and changes were made as a result of her death.

Mr Woolley said: “The more people that complain and take them to court, the more impact hopefully it will have in the end and changes will be made for the better.”

EDITORIAL COMMENT: The true cost of NHS claims

IN just five years our local health board has paid out nearly £4 million over five years in compensation claims for clinical negligence.

We obtained the figures under a Freedom of Information Act request.

It is right that if people’s lives have been drastically affected by clinical errors that they should be compensated in order to live the best life possible.

But we note with interest the comments from the Aneurin Bevan Health Board which says there is a direct link between claims for clinical negligence and times of economic downturn.

It has become all too obvious in recent years that Britain has gone down the same path as America and has entered into a litigious culture.

It seems you can sue for anything these days and the NHS is no exception.

While we were unable to be provided with a breakdown of all cases we suspect there would have a been a fair percentage where people have sued for issues which have had no lasting impact on their lives following simple issues of human error.

Our NHS staff work under enormous pressure.

Mistakes are made in every industry and the health service is no exception.

While it is only right that major cases of neglect are compensated we don’t believe every case can be justified.

And every penny that is given to these cases is a penny taken away from care.

We hope those who submit what can only be described as somewhat dubious claims bare this in mind next time they turn up at their hospital for treatment.