Should NHS be Shielded from COVID Litigation?

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Survey reveals support for NHS to be shielded from COVID litigation 

A survey commissioned by the parent company of the Dental Defence Union (DDU) of 2,108 UK adults has found that 70% think dental professionals, doctors and other NHS staff involved in providing treatment to patients during the Covid-19 pandemic should be able to do so without the risk of the NHS being sued for negligence.

Just 7% of respondents disagreed with this, according to the survey, which was carried out by Savanta Comres on behalf of the Medical Defence Union (MDU).

As more dental services resume, the DDU, is calling for the government to take action to stop the NHS being overwhelmed by an avalanche of negligence claims over the next few years.

John Makin (top) head of the DDU, said: “We know the public has enormous respect for the sacrifices healthcare professionals have made during the pandemic. Millions have been showing their support by clapping for carers and keyworkers every Thursday and the NHS Charities Together appeal has raised an amazing £100 million in just six weeks.

“However, we are fearful that NHS finances, already affected by the COVID-19 pandemic, could be overwhelmed in just a few years by the cost of negligence claims that are likely to follow without Government intervention.

“The survey shows that the majority of the public agrees with us that this cannot be allowed to happen. We need the government to take action to ensure the NHS is exempted from an avalanche of negligence claims that may otherwise follow the pandemic.”

For legal and economic reasons, unrelated to the safe care it continues to provide, the cost of NHS clinical negligence has climbed steeply in recent years. By March 2019, NHS Resolution estimated that accumulated claims could amount to £83.4bn.

DDU members have also reported a number of complaints since the start of lockdown on 23 March. Many complaints were related to the effect of COVID-19 on other services.

John adds: “Staff responding to COVID-19 are likely to be judged long after the public memory has faded, and by standards unreflective of current conditions. Anyone who says otherwise, to try to reassure dental professionals involved in dealing with the pandemic, hasn’t experienced the harsh reality of clinical negligence claims.

“It is unlikely the Courts will relax long established legal principles in judging the standard of care provided. Several US states have introduced legal protections for healthcare workers. If there is political will to make this happen, as we have seen in other areas of policy, there is no reason why an exemption shouldn’t be granted.

“Dental professionals recognise they must be accountable for their actions, for example through complaints procedures or by their regulator. But clinical negligence claims are about compensation, not accountability.

“One thing is clear – the pandemic has made us all re-evaluate what is important to us as a society. This is a golden opportunity to do what’s right for the NHS, recognising the personal sacrifices healthcare workers have made.”