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NHS Resolution, which was formerly NHS Litigation Authority, has published research on the motivation of patients making a compensation claim when something has gone wrong with their healthcare.

The research, which was conducted in partnership with The Behavioural Insights Team (BIT), surveyed 728 patients who had made a claim and looked at the incident that had occurred, how the patient felt it had been handled, how any subsequent complaint had been handled and the factors that led to the patient making a claim for compensation.  BIT also did an in-depth telephone interview with 20 past claimants.

The findings show that, in general, the research participants were not satisfied with the reactions of NHS staff following an incident or how their complaint was handled within the NHS.

It found that:

  • 63% of patients who responded felt that they did not receive an explanation for why the incident occurred.
  • Only 31% said they felt they had received an apology.
  • 71% of the people responding did not think that their healthcare provided undertook any actions to investigate the incident in the first instance.
  • Only 6% of respondents felt that actions were taken that would prevent the same incident happening again.
  • The majority rated the response to their complaint as ‘poor or very poor’ in terms of accuracy, empathy, speed of the response and level of detail.

 

It also found that both internal and external factors motivated patients to make a claim.  Personal motivations included:

  • Wanting to prevent similar things happening to others.
  • Wanting to receive an apology or an explanation for the incident, or to trigger a detailed investigation of the incident.
  • Wanting the clinicians involved to be held to account.
  • Emotional responses (e.g. frustration and anger) brought about by poor incident or complaint handling.
  • Financial compensation.

External motivations included:

  • Suggestions from NHS staff that making a claim would be appropriate
  • Advertising
  • Conversations with friends, family and wider social network

 

Helen Vernon, who is Chief Executive at NHS Resolution, said “This research confirms that claims for compensation can sometimes be made in the search of answers, which could have been provided when the incident occurred. Being open with patients when they suffer avoidable harm and taking tangible steps to learn from what happened are essential. We would like to thank the patients who spared the time to contribute to this valuable research, which will help us to build on our work with the NHS to improve the response when things go wrong.”

 

Full details of the research conducted can be found on the NHS Resolution website.

The Legal 500 has recognised Brindley Twist Tafft & James and recommended our Clinical Negligence department.

Seen as the leading guide to law firms and solicitors across the UK, the Legal 500 is an independent directory.

 

The 2018 results, which were recently published, recommends BTTJ’s clinical negligence department with the results reflecting the work the department covers relating to cerebral palsy, brain damage, gynaecology and orthopaedics.  Tom Barnes, Partner, and Richard Stanford, Solicitor from the Clinical Negligence department both received a special mention.  The publication recognises that Tom Barnes is ‘highly experienced‘, ‘has  a great case load‘ and ‘is popular with clients‘ and that Richard Stanford is ‘excellent‘, ‘clever‘, ‘hard working‘ and ‘canny‘.

Also recognised from Brindley Twist Tafft & James was our Corporate and Commercial department.  Samantha Wright, who is the Senior Partner at BTTJ, was recommended for her work in this field along with John Chadaway, Partner and Public Notary.

More information on the Legal 500 rankings can be found on the following links:

bttj.info/2JHjWnG

bttj.info/2JIYdvG 

 

Gynaecology is the medical practice dealing with the health of the female reproductive system.

Gynaecological treatment covers a number of areas including cancer, medical management of a chronic condition, surgery or post-natal care.

Most women will need gynaecological care once in their lives, the investigations and treatments carried out are all common medical procedures.

The main procedures that can lead to gynaecological negligence as a direct consequence of a practitioner’s incompetence are: removal of an ovarian cyst, pelvic organ prolapse, endometrial ablation, hysterectomy (full or part uterus removal), salpingectomy (fallopian tube removal), myomectomy (uterine fibroid removal), oophorectomy (ovarian removal), colposcopy, abortions, sterilisations and dilation and curettage.

Gynaecological procedures carry risks including but not limited to incontinence following surgery, perforation of the uterus during the insertion of a contraceptive coil, failed sterilisation, damage during laproscopic investigations or surgery, injury to bladder, bowel or uterus during hysterectomy, unnecessary hysterectomy following a caesarean section, defective consent to medical procedures and infection resulting in loss of childbearing potential and damage to womb or abdominal wall.

If you feel strongly that you have suffered a gynaecological injury as a result of treatment you have received or as a result of a failure by a doctor to diagnose a condition then you may have a potential negligence claim.

Our dedicated team of female solicitors will provide expert guidance to helping you succeed and win you the compensation that you deserve.