The number of claims made against GPs and doctors working in independent hospitals has fallen in the past year, but settlement costs for cases being made are more expensive, it has been revealed.
The Medical Defence Union (MDU), which indemnifies over half of UK GPs, says the trend of claims it received against its members fell in the past year, but will not give precise figures for commercial reasons.
The MDU, publishing its Annual Report and Accounts 2007 today, said that while the number of claims had reduced slightly compared to previous years, they were still increasing in complexity and value, although 70% of claims notified were discontinued or successfully defended on members’ behalf.
The report says: “The size of claims is on the increase. In January 2008, the Court of Appeal gave judgment in the Thompstone group of test cases and endorsed the use of an index for care costs awarded under a Periodical Payment Order, which is not linked to the Retail Price Index.
“This, combined with increasing life expectancy, means that the amount paid in compensation for long-term care of severely-damaged patients continues to increase.
“Settlement payments in excess of £500,000 already account for approximately 50% of the total indemnity paid on behalf of MDU members in respect of UK medical claims, and the cost of the average settled claim has historically increased by approximately 10% per annum.”
MDU head of claims, Jill Harding said: “If it becomes apparent a claim cannot be defended successfully, the MDU claims department makes every effort to settle these cases as quickly as possible so that patients or their families receive their rightful compensation without undue delay.
“Twenty-five per cent of settled cases are concluded by our expert claims handlers, with the agreement of the member, without the need to instruct a solicitor.”
The MDU’s 24-hour advice line received 26,900 calls last year – up from 25,400 in 2006 – according to the report.
These included calls about:
- disclosing information about a child to an estranged parent
- whether to inform the police that a patient with diabetes was continuing to drive despite being warned not to
- a patient refusing treatment following a paracetamol overdose.
Dr Peter Schütte, MDU head of advisory services said: “The medico-legal environment our members work in is increasingly complex and doctors are more aware of the potential medico-legal problems they face.
“This is perhaps why around 40% of calls to our advice line were from members requesting pre-emptive help with ethical and legal matters.”
The report also incorporates Cautionary Tales, a selection of 20 cases which illustrate the kinds of advisory and claims files handled by the MDU. They include a mix up of blood samples; a request from a dying patient not to record that he had AIDS on his death certificate; and a clinical negligence claim following a medication error.