Rising claims against hospital trusts and GP practices are driving demand at a business providing independent medical experts specialising in personal injury and clinical negligence.
TLA Medicolegal, which offers the services of thousands of independent medicolegal experts to lawyers and insurers for claimant, defendant and joint instructions, has now expanded its pro bono service.
According to the NHS Resolution Annual report for 2022/23, overall new claims being reported against hospital trusts and GP practices rose by 8.6% on the previous year. The report also revealed a 45% increase in claims originating from primary care.
Medical experts believe, in secondary care this comes as a result of the Covid pandemic, lack of available patient beds due to delayed transfer of care for elderly patients, overwhelming demand on A&E and the effect of growing hospital waiting lists for both screening and surgery along with a shortage of qualified nurses and doctors.
In December 2023, public data showed 7,661 cancer patients waited more than the maximum recommended 62 days to start their cancer treatment, with 2,227 waiting three months or more.
It is also predicted that the recent junior doctor strikes will also have an impact on next year’s data.
In GP practices, the significant rise in claims has been attributed to a lack of qualified GP’s, the lack of face to face consultations, GP’s moving to part-time hours and early retirement.
TLA Medicolegal has also seen a significant increase in approaches to investigate clinical negligence from members of the public who are questioning their own care, or lack of care and treatment and its outcome.
Fiona Morrison, co-founder of TLA and Director of Clinical Negligence and Serious Injury, said: “Due to demand, we have opened up our pro bono screening to many more existing legal clients and new legal clients.
She added: “Ordinarily, if an individual feels they have a negligence case, they seek the advice of a lawyer, and the lawyers will wish to establish initially whether there is a medical breach of duty and the degree of causation that stems from the potential breach of duty. Once they have the opinion of the relevant medical expert and if there is a meaningful causation, the lawyer can then feel confident insuring the claim moving forward.”
“With the additional surge in enquiries from private individuals looking for a pro bono assessment of their potential case before going to a lawyer, we refer the successful screening cases back to our regular lawyer clients for assessment of making a claim.”
TLA provides considerable detail in its screening assessments including what further medical experts will be needed and in what order, along with any missing documentation and any further medical investigations/diagnostics the claimant may require for a formal opinion, meaning both the lawyer and insurer have a full outline of the case.
Fiona said: “We offer pro bono on a case-by-case basis and we welcome all enquiries. TLA Medicolegal will need to be provided with a copy of all medical records and radiology, along with an outline of the potential issue in order for us to undertake an assessment of any potential clinical negligence. If clinical negligence is established, then we formally recommend to our clients the best independent medical experts required to prepare a formal report and the associated medical expert’s fees.
“Pro bono screening assessments for potential clinical negligence cases, reduce speculative costs at the outset for lawyers, speed up the process and give clarity early on.”
Unlike other medicolegal companies, TLA, based in Deddington, near Banbury, is more like a consultancy of medical experts providing its clients with swift access to specialist medical opinion from leading medical experts all over the UK.
Fiona added: “TLA is clinician led and we always have been. Our Consultant Surgeons, Consultant Physicians and General Practitioners have long-established posts in the NHS.”
The pro bono work is also driven and supported by TLA Director and co-founder Stuart Matthews, a Consultant Trauma Surgeon specialising in major trauma who has broad medical experience training first as a GP in the military, then qualifying in general surgery followed by Trauma and Orthopaedic surgery.
Fiona said: “Stuart has such a depth of medical knowledge and along with our other medical experts from all the medical specialities, we have always clearly identified breaches in the duty of care given and the causation early on so our clients, whether they be lawyers, insurers or private individuals, are all quickly aware of the facts and the issues involved.
“This strengthens our relationships with the lawyers who trust us and send more cases for us to screen, both claimant and defendant. With the industry-wide rise in potential negligence cases, the scope for growing pro bono work is considerable.”
To approach TLA Medicolegal for screening cases, an outline of the case can be emailed to one of the clinical negligence team at info@tla-medicolegal.com