Criticism Over 'Fast Track' Approach to Complex Negligence Claims

MANCHESTER, England, July 25, 2011 /PRNewswire/ --

The Medical Defence Union (MDU), the UK's leading medical defence body, has published its response to the Ministry of Justice (MoJ) consultation 'Solving disputes in the county courts'.

The report commented on 'the viability and fairness' of introducing a 'fast track' claims process for clinical negligence claims, especially against primary care and independent practitioners. A 'fast track' model is currently used to process some motor accident claims.  

Despite the fact the motor  accident scheme is judged as a success, the MDU feel that clinical negligence cases are significantly more complex and as such could not be managed in the same way. In particular the MDU feels that they could not support any scheme that would require MDU members to be bound by the opinion of a jointly-instructed expert. As such, whilst they recognise the need to settle valid claims as soon as possible, the union believes that any scheme for low value claims would need to incorporate safeguards.

Eddie Jones, Partner and Head of the Clinical Negligence Department at JMW Solicitors, commented,

'At JMW Solicitors we are interested to hear of the MDU stance on 'fast track' process proposed for low value clinical negligence claims. Whilst we agree that claims should be settled as quickly as possible to limit both costs and the stress to the claimant, we agree that clinical negligence claims are complex and require care and attention from both parties to ensure that a fair outcome for patients and their families is reached.

At JMW we strive to ensure that our clients receive compensation for injuries caused by clinical negligence. However, this is not always easy to do. For example in the case of a negligently performed tonsillectomy we had particular difficulty in proving that the client's symptoms were caused by negligent surgery. The defendant disputed that the surgery had been performed negligently and maintained that any residual symptoms (which included nasal regurgitation, a persistent runny nose and halitosis) were simply recognised complications of a routine tonsillectomy. The independent expert instructed by JMW found it necessary to meet with the client in order to observe her symptoms and undertake a thorough report.

Under a fast track approach, particularly one which utilises a joint expert, our client may not have been able to receive the compensation she so rightly deserved for having to endure her embarrassing symptoms caused by negligently performed surgery.'

ABOUT JMW SOLICITORS

JMW Solicitors LLP is one of Manchester's leading law firms and offers a broad range of legal services to both commercial and private clients, including clinical negligence compensation claims. For more information visit: http://www.jmw.co.uk/