The recent report by the National Audit Office
1 has focused upon the spiralling cost to the NHS of clinical negligence claims. Part of the increase results from a greater propensity to sue - the report confirms that the rate of new claims per thousand finished consultant episodes rose by 72% between 1990 and 1998 – but there is also concern at the increasing level of legal costs.
It is clear from the report (and the defence lawyers would endorse this!) that the NHSLA has taken and continues to take firm measures to keep defence costs in check. But litigation by its very nature is not a cheap remedy and one of the alternatives raised by the report, which might resolve claims more cheaply, is mediation.