Lawyers must be realistic

Jul 16 2007 Liverpool Daily Post

IT IS mind-boggling enough to learn that NHS Trusts in Merseyside and Cheshire last year paid out £11.1m in damages, in cases of medical negligence.

But it is even more of an eye-opener to be told that, in addition, trusts paid out a third as much again – a further £3.8m – in claimants’ costs, ie, legal fees.

The mounting cost of fighting and settling legal actions in the NHS has long been a bone of contention in some quarters. After all, we taxpayers foot the bill for the health service, and expect our hard-earned cash to be used where it is most needed – in helping to provide the best-possible standards of patient care.

To learn today, though, that such a significant amount of cash is being diverted away from patient services into lawyers’ pockets illustrates quite clearly that any concerns on this issue are all too justified.

Of course, lawyers have every right to represent their clients in claims of med- ical negligence. Without the expertise of legal specialists in this particular field, patients and relatives who feel they have been let down by the NHS would find it far more difficult to seek redress in what are often harrowing circumstances.

But, as in any other sphere in life, the legal profession is not without those who might exploit the opportunities offered here somewhat over vigorously. One firm, for instance, slapped in a bill for £4.4m costs – but then agreed to accept the NHS Litigation Authority’s offer of £449,000, just 9% of the original demand.

On the other hand, there are local law- yers who claim the Litigation Authority itself has been responsible for pushing up costs, when it has insisted on going to court, rather than settling.

This is undoubtedly a difficult area, one where it can never be said that there is one simple rule applicable to every single case.

But we must hope in the future, now that the issue of exorbitant costs has been brought out into the open, that all involved become far more sensible about ensuring their claims are legitimate.

Would we rather our money went to patients – or to lawyers? Surely no contest.