Dental Protection calls for reform to tackle negligence claims
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- Published: Friday, 23 June 2017 09:08
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Dental Protection has called on the Government to implement a package of legal reforms to help tackle the rising cost of clinical negligence, and the challenging claims environment for dentists. Raj Rattan, Dental Director said: “We are calling on the Government to take urgent action, to help tackle the rising cost of clinical negligence.”
Dental Protection said a dentist in the UK is nearly twice as likely to receive a claim for clinical negligence compared to just ten years ago, and a full time dentist can now expect to receive two claims over a typical career. In a survey of over 1500 dentists, 94 percent said they feel it has become easier to bring a claim for clinical negligence than ever before and 90 percent said they are increasingly fearful of being sued. 87 percent said they support changes to the legal system to tackle the rising cost of clinical negligence.
The legal reforms recommended by Dental Protection are:
§ An increase in the small claims track threshold for clinical negligence claims up £5,000– so more low level, straightforward claims are routinely managed within the small claims track and the cost of these claims are reduced
§ The introduction of an ultimate 10 year limit between the date of an adverse incident and when a claim can be made (with judicial discretion in certain cases) – to reduce the number of claims that are delayed and inflate due to loss of records, medical staff retiring/dying or having little recollection of the facts.
§ A minimum threshold for cash compensation relating to claims for minor injuries – to reduce the cumulative cost of damage pay-outs where only very minor injuries are sustained.
§ Changes to provisions meaning the patient would need to seek the courts approval to withdraw from a claim less than 28 days before a trial – to save on the considerable costs that are incurred when a claimant discontinues a case at the last minute at the expense of the defendant
§ A fixed recoverable costs scheme for clinical negligence claims up to a value of £250,000 - to stop lawyers charging disproportionate legal fees.
Raj Rattan, Dental Director at Dental Protection said: “It is important that there is reasonable compensation for patients harmed following clinical negligence, but a balance must be struck. The rising cost of clinical negligence is impacting on dentists – when the cost of clinical negligence increases, the cost of professional protection must also increase to reflect this - and we recognise the pressure this places on our members.
“We know that working in an increasingly litigious environment day in and day out is also challenging, and is taking its toll on dentists when they are striving to provide the best possible service and care to their patients. Our data shows that a full time dentist in the UK can now expect to receive two claims over a typical career. Dental Protection believes that a package of legal reforms to help tackle the rising cost of clinical negligence, and the challenging claims environment for dentists, is long overdue. We are calling on the Government to take urgent action.”
False or trying-it-on claims for £££
Dear All,Would it be ethical for any complaints received, to enquire into past claims made for compensation anywhere else - this recent story about banning the British on all-inclusive holidays makes for interesting reading.[url=]http://www.telegraph.co.uk/news/2017/06/20/fake-food-poisoning-claims-could-see-british-holiday-makers/
Thus could it be ethical to FIRST enquire into past claims made for compensations anywhere else - this story about banning the British on all-inclusive holidays exposes unethical trends.
If car insurance companies can ask about any past claims before quoting, will this come to Dentistry too, possibly if it's an acknowledged increasing British moral problem ?!?
Insurance companies can ask about any past claims made by anyone in your HOUSEHOLD........ should we?
Yours curiously,
Tony.
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