Tort Reform

  • Read more: Why Patients Make Claims for Clinical Negligence

    Why Patients Make Claims for Clinical Negligence

    The NHS (National Health Service) in England is in very deep water when it comes to the increasing costs of clinical negligence claims made against it. NHS litigation compensation damage awards and costs over  recent years have shot upwards to reach record heights threatening some would argue the very sustainability and fabric of the NHS….

    the NHS logo on the side of a building
  • Read more: Happy Birthday to our National Health Service (NHS)

    Happy Birthday to our National Health Service (NHS)

    By John Tingle Our National Health Service turns 70 in July and has made remarkable achievements since its inception on July 5, 1948. The NHS is quite rightly an institution to be proud of, and it is envied across the world. Admittedly, the NHS does have its problems, but these should not detract from an…

  • Read more: Another Blow to Tort Reform in Florida: Statute Allowing Defendants in Medical Malpractice Suits to Hold Ex Parte Interviews with the Aggrieved Patient’s Care Providers Declared Unconstitutional

    Another Blow to Tort Reform in Florida: Statute Allowing Defendants in Medical Malpractice Suits to Hold Ex Parte Interviews with the Aggrieved Patient’s Care Providers Declared Unconstitutional

    By Alex Stein STEIN on Medical Malpractice has recently published a survey of noteworthy court decisions in the field for 2017. This survey includes an important decision, Weaver v. Myers, 229 So.3d 1118 (Fla. 2017), that voided Florida statute allowing defendants in medical malpractice suits to hold ex parte interviews with the aggrieved patient’s care providers….

  • Read more: Florida Caps on Noneconomic Damages Held Unconstitutional

    Florida Caps on Noneconomic Damages Held Unconstitutional

    By Alex Stein STEIN on Medical Malpractice has published a survey of noteworthy court decisions in the field for 2017. This survey includes an important decision, North Broward Hospital District v. Kalitan, 219 So.3d 49 (Fla. 2017), that voided Florida’s cap on medical malpractice victims’ noneconomic damages, Fla. Stat. Ann. §§ 766.118(2), 766.118(3). Section 766.118(2) provides that in…

  • Read more: The cat is now truly amongst the pigeons in the debate about the high cost of clinical negligence in the NHS

    The cat is now truly amongst the pigeons in the debate about the high cost of clinical negligence in the NHS

    By John Tingle UK national and social media have been buzzing all last week about a letter sent on Monday 29th January 2018 by the NHS Confederation to the Justice Secretary and copying in the Secretary of State for Health.BBC  news set the scene under the banner headline, ‘Curb rising NHS negligence pay-outs, health leaders…

  • Read more: House of Commons Report: Managing the Costs of Clinical Negligence in NHS Hospitals

    House of Commons Report: Managing the Costs of Clinical Negligence in NHS Hospitals

    By John Tingle The House of Commons Committee of Public Accounts (Committee of Public Accounts) has recently considered the issue of managing the increasing clinical negligence costs in NHS (National Health Service) hospitals in a report. They make a number of important recommendations as well as putting into the spotlight a number of developing trends…

  • Read more: The Health Service Safety Investigations Body (HSSIB):The New Kid On The Patient Safety Block

    The Health Service Safety Investigations Body (HSSIB):The New Kid On The Patient Safety Block

    By John Tingle The Department of Health and the government in England have published a draft Bill for discussion which will create a Health Service Safety Investigations Body (HSSIB) with powers enshrined in law. The HSSIB replaces the current Healthcare Safety Investigation Branch (HSIB) which operates under the umbrella of NHS Improvement and came into…

  • Read more: Current trends in clinical negligence litigation in the National Health Service (NHS)

    Current trends in clinical negligence litigation in the National Health Service (NHS)

    By John Tingle NHS Resolution (the new operating name for the NHS LA, National Health Service Litigation Authority) occupies a central role in the NHS clinical negligence claims environment. They manage clinical negligence claims on behalf of NHS trusts (hospitals) and other bodies. They also provide indemnity cover and have an increasing role in assisting…

  • Read more: The Rising Cost of Clinical Negligence: Who Pays the Price?

    The Rising Cost of Clinical Negligence: Who Pays the Price?

    By John Tingle The Medical Protection Society (MPS) have recently published a report arguing that the rising costs of clinical negligence needs to be urgently controlled. They state that the NHS is struggling under the increasing burden of clinical negligence costs and suggest some reforms.The report is detailed and thorough and raises some good and…