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Medical negligence cost 'frightening'

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The cost of medical negligence cases is frightening, a Sinn Féin MLA said after a Stormont letter from the Department of Health revealed a case has gone unresolved for 27 years.
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Another 55 cases have been ongoing for longer than 15 years, with legal fees paid out by health boards in the past two years totalling almost £2m.

The figure for legal fees in one family's particular case over the last 27 years was meanwhile said to be "unavailable".

The information was disclosed in a letter answering a question from Sinn Féin Upper Bann MLA John O'Dowd on health bodies in Northern Ireland.

Mr O'Dowd said the response has raised more questions than it has answered.

"I'm not satisfied with the answers that have been presented," he told UTV.

"The Department of Health has only given us the financial figures for the last two years and have said that the figures for the previous 25 years are not available.

"I find this totally unacceptable. Is it a case that they don't want the public to know?"

"You're into frightening amounts of money for legal fees for cases that in my opinion should be brought before a court", he added.

Mr O'Dowd said the only people benefiting are the lawyers. He has urged the health board to intervene in any case which lasts over ten years.

"The human misery of medical negligence is immeasurable. However the time in years to resolve these cases and the public money being paid out in legal fees can and must be measured and urgently curtailed," Mr O'Dowd continued.

"One family in my own constituency has been waiting for 16 years for their son's medical negligence case to be heard.

"The young man has been left severely disabled, he will require care for the rest of his life.

"His parents are now in a position where they want ensure there are enough financial resources to ensure their son is left with that care.

"On each occasion when they're about to enter the courtroom the case is adjourned not by them but by lawyers.

"I will urge the health board to intervene on any case that is over 10 years old."

DUP North Down MLA Alex Easton has also hit out at negligence costs incurred by the NHS in Northern Ireland.

"It is unfortunate that people take cases against the NHS, which is funded by the tax payer. However people have a right to seek compensation where negligence has occurred and I respect that. However there can be no doubt of the need to reduce these kinds of costs which divert funds away from much needed front-line services," he said.

The Health Department says it has no active role in the management of claims. It says that responsibility lies with the Trusts and the Health and Social Care Board.

The Board says it has robust procedures in place to manage cases.

© UTV News

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At 17:57 on 02 September 2010, heather wrote:
ref jan potts , i am not sure if you can help jan ,, but i had time on my side ,, i firstly had a solicitor that ,, after reading my case notes decided that he had a conflict of interest as he was on the board of the hospital in question ,, the next solicitor took the case charged me for transfer of notes from previous solicitor ,,, i had to go to the library in r.v.h. and do my own research presented it to them ,, they asked a doctor in leeds to have a look ,, then they decided they also had a conflict of interest ,, a total bewildering experience ,, personally i think there should be an independent body to deal with these most personal and delicate cases ,, maybe then and only then will the people maybe get justice ,, we are just everyday people and do not have a bank book to challenge these boards ,, i look forward to hear your biews on this matter ,,
At 13:50 on 02 September 2010, Jan Potts wrote:
I am a nurse by profession and now work inthe NHS helping professionals to improve and become safer. I would be very interested to know if the reason for claim had or was addressed at the time irrespective of how long the claim has taken to be awarded. I'm so sorry as a professional any patient or member of their family suffers because of what we do or omit to do. How can I help to make it better.
At 10:34 on 01 September 2010, heather wrote:
i just wonder how many cases have been swept under the carpet,, an awful lot more than 27 i expect ,, from these boards came about there are far too many cases of conflict of interest !!! reason being there are so many lawyers doctors and the likes on the boards so how can the people put a case forward without there being a conflict of interest ???? something needs to be done in this matter !!! people are being hurt and left miserable and the government will not help with finance and the likes instead they will try to take away any benefits the people get , for the mistakes that have been made !!!! i have found this out in a personal way ,, reason being this is such a small island and no doctor will stand up against another doctor and say that they have made a mistake ,, its just not the done thing in these circles !!!!
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