Screening – The Results are In!

As part of an audit of medico-legal practice for one year between 2017 and 2018, 221 cases were reviewed for initial screening by the author.

The most common cases were orthopaedic, gynaecological, general surgery, urological surgery and general medicine.? On reviewing this cohort of cases for the criteria of duty of care, breach of duty, and “but for” consequential damage by more than just de minimus, the findings were that approximately one third of the orthopaedic, general surgery and urology cases were likely to have a good chance of success, with a slightly less in the obstetrics and gynaecology and a much higher percentage, around two thirds, in general medical complaints.? More detailed, (and expensive!) reports from various subject experts were therefore required in approximately one third of cases.? Being able to rule out a large number of cases proved more effective and efficient for the legal teams involved, saving considerable time and effort and at the same time being able to explain to the claimant at an early stage as to why their cases were not likely to succeed.?

These figures are entirely in keeping with the reports from the Medical Defence Unions over the last few years, where they detail that at least 70% of cases are immediately rebutted, and also they do in fact succeed in around 50% of cases which are taken to court.

Once again, the value of initial screening is clear and it is unwise to embark on any case in medical negligence without having the medico-legal grounds for a negligence case fully explored in the first instance.

MDU figures for 2018 show that less than one in six actions in medical negligence actually succeed with the vast majority failing on the grounds of causation. It must be remembered that subsequence is not the same as consequence.?

Initial screening is therefore essential to manage client expectations at an early stage. This avoids unnecessary effort and costs for all concerned. Too many cases are taken to Court with no chance of success. This is stressful for both the client and their legal advisor and indeed for the medical personnel involved.

For fast and effective screening of all potential medical negligence cases contact?

Peyton Medico Legal Services now on 028 87724177 or email [email protected]