Black Monday Part 2: ‘Think-tank blames compensation culture for EVERYTHING

Black Monday Part 2: 'Think-tank blames compensation culture for EVERYTHING

Photograph: BBC

Chiming nicely with this Government’s anti-health and safety mantra, a new ‘think tank’ report claims that “an ingrained compensation culture is bleeding health and education services dry,”…

Independent study? Oh really?

Well at last the Government has unearthed somebody who thinks hurt and injured people seeking compensation are the cause of all that’s wrong with the NHS and the education system… 

Glib tabloid sound bite – 1, reasoned debate – 0.

Payouts by the NHS Litigation Authority (NHSLA) have trebled in the past decade, standing at £911m in 2010/11, according to the report by the Centre for Policy Studies at Kent University.

Of this, £863m was paid in connection with clinical negligence claims, the report says.

OUR QUESTION: Did those claiming compensation not have to PROVE negligence?

ANSWER:   Yes.

Are we expected to believe that insurance companies just simply pay out on spurious claims? Don’t think so. If that was the case we would be blaming the insurance companies for the myth of the ‘compensation culture…wait a minute…

So what is the real issue here? Is it the cost of compensation claims or falling standards of care and education?

The report adds that as of March last year, the NHSLA estimated its potential liabilities at £16.8bn, though a large proportion of cases do not reach court.

Out of 63,804 medical negligence claims received by the NHSLA, 38% were abandoned by the claimant, 45% were settled out of court 3% had damages approved or set by a court and 14% have yet to settle.

Tim Knox, director of the Centre for Policy Studies, said: “This rise in the compensation culture has huge – if largely hidden – costs. In particular, it has created a climate in which professionals will prioritise litigation avoidance above what is best for their pupils or patients.”

This is an outrageous and unsupported claim. Mr Knox is asserting that NHS clinicians and school teachers are putting patients and pupils a poor second behind financial considerations.

By the way, why is the HSE silent when reports like this are churned out? Isn’t the HSE keen to dispel health and safety myths? There is a section on the HSE website dedicated to this very topic… 

Meanwhile, back in the Twilight Zone, Mr Knox, at a stroke, has just RUBBISHED the ethical standards of hundreds of thousands of highly paid, highly qualified and highly respected professional people throughout the UK.

WELL DONE…

The report goes on to warn that instead of improving safety and accountability, it (the oft-quoted ‘compensation culture’, has resulted in “significant costs to the quality of services and the experiences of those who use them”.

Lest the dead horse has not been flogged enough, it continues: “The combination of an ingrained compensation culture and litigation avoidance is bleeding the health and education services dry, both financially, and in terms of their public sector ethos and professional role.”

Report author Professor Frank Furedi said fear of legal action can hold back progress and creativity. “It erodes professional autonomy, stifles innovation, leads to defensive practices in both hospitals and schools and encourages greater bureaucracy,” he said.

Wow, we say, Professor Frank. That’s quite a lot to lay at the door of the non-existent compensation culture. It’s not us saying it’s non existent; it’s the two recent Government sponsored reports on the subject that rubbished the notion of a compensation culture:

‘Common Sense – Common Safety’ – Lord Young, 2010.

‘Reclaiming Health and Safety for all’ – Professor Ragnar Lofstedt, 2011.

However, according to Frank Furedi, “‘Best practice’ is now defined as having checked all the boxes in a quality assurance form rather than doing what is best for the patient or pupil.”

About all we can say for this study is that it checks the box for finding a study to support the ill-founded notion of a compensation culture and thus the Government can happily push on with its Crusade against the legitmate rights of its citizens to seek justice and fair compensation.

What must Lord Young and Professor Lofstedt think?