Clinical negligence review 2009

Penningtons Solicitors LLP have release their first annual review of the clinical negligence ‘marketplace’, providing an analysis of the key trends, some guidance on landmark legal developments and expert insight into some of the topical clinical negligence issues such as legal costs, the growth of periodical payments, and the ability to claim in full for private care.

Of particular note from the review are:

– over the last 4 years clinical negligence claims has risen 8.7% from 5,602 in 2005 to 6,088 in 2009. However, claims rose by 12.2% between 2007 and 2009.

– Payments made by the NHS Litigation Authority (NHSLA) in 2009 for damages to clinical negligence claimant and legal costs rose to £762.9 million, a 21% increase on the 2008 amount of £633.3 million.

– The number of periodical payments increased from 548 cases at 31 March 2008 to 659 cases at 31 March 2009, representing a provision of more than £1.37 billion.

– As at 31 March 2009, the NHSLA estimates that it has further potential liabilities of £13.37 billion relating to clinical negligence claims.

Download Pennington’s Clinical Negligence Annual Review 2009 here.

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