BMJ  2004;328:460 (21 February), doi:10.1136/bmj.328.7437.460

Commentary

what's the problem?

Bertie Leigh, senior partner

Hempsons Solicitors, London WC2N 6NJ mamsl@hempsons.co.uk

The first 150 words of the full text of this article appear below.

Brian Capstick's views will come as a surprise to people who suppose that negligence litigation is out of control or a large burden to the NHS. As he shows, it costs well under 1% of turnover, and most of that is the cost of caring for birth injured children, a bill that ought to be met under any system. Given that there are 850 000 adverse events causing harm, 6000 claims seems modest.

The volume of claims is also falling. Making Amends noted that it had fallen in two successive years from a peak of 8000. The Legal Services Commission's new evidence to the chief medical officer's inquiry is that last year they issued only 6000 new certificates and closed 8000 files. This compares with 18 000 new certificates at the peak in 1991. Since 55% of certificates do not result in writs being issued, it is likely that only . . . [Full text of this article]


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Relevant Article

The future of clinical negligence litigation?
Brian Capstick
BMJ 2004 328: 457-459. [Extract] [Full Text] [PDF]




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