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NHS claims lawyers 'unacceptable' | NHS claims lawyers 'unacceptable' |
(about 2 hours later) | |
The government has called for an end to lawyers providing personal injury advice on NHS hospital wards, following a BBC investigation. | The government has called for an end to lawyers providing personal injury advice on NHS hospital wards, following a BBC investigation. |
Industry insiders said legal advice sessions - considered by some patients to be intrusive - have been offered at larger NHS trusts for years. | Industry insiders said legal advice sessions - considered by some patients to be intrusive - have been offered at larger NHS trusts for years. |
The Department of Health told BBC Radio 4's You and Yours it was "looking at all options" to stamp out the practice. | The Department of Health told BBC Radio 4's You and Yours it was "looking at all options" to stamp out the practice. |
NHS England said lawyers should be kept out of hospital "wherever possible". | NHS England said lawyers should be kept out of hospital "wherever possible". |
Salford Royal NHS Trust has hosted legal advice surgeries by lawyers in its spinal and head injury trauma centres since 2012 but says it makes no money from the arrangement. | |
The trust said lawyers provide services free of charge and advise patients on matters such as employment rights as well as negligence claims. | The trust said lawyers provide services free of charge and advise patients on matters such as employment rights as well as negligence claims. |
Personal injury claims solicitors from Potter Rees Dolan hold twice-weekly advice clinics on trauma wards at Salford Royal. | Personal injury claims solicitors from Potter Rees Dolan hold twice-weekly advice clinics on trauma wards at Salford Royal. |
Hugh Potter, partner at the firm, said: "This service was created to fill the gap left by the reduced state funding for Law Centres and the Citizen Advice Bureau. | Hugh Potter, partner at the firm, said: "This service was created to fill the gap left by the reduced state funding for Law Centres and the Citizen Advice Bureau. |
"The firm does this work out of a sense of public duty and for the benefit of those who are at their most vulnerable." | "The firm does this work out of a sense of public duty and for the benefit of those who are at their most vulnerable." |
He added that if a patient has a claim for compensation they are given a choice of legal firms approved by the hospital trust. | He added that if a patient has a claim for compensation they are given a choice of legal firms approved by the hospital trust. |
NHS hospitals do not typically advertise Legal Advice Surgeries on websites, but Salford Royal said trauma patients are made aware of the service via leaflets placed on wards. | NHS hospitals do not typically advertise Legal Advice Surgeries on websites, but Salford Royal said trauma patients are made aware of the service via leaflets placed on wards. |
Mr Potter said staff on wards may also play a role. | Mr Potter said staff on wards may also play a role. |
He said: "The nurses will do their best to make sure the patient is aware of the service, that's all they do. | He said: "The nurses will do their best to make sure the patient is aware of the service, that's all they do. |
"They will say, usually, 'are you aware of the legal service?'" | "They will say, usually, 'are you aware of the legal service?'" |
Claims rise | Claims rise |
In the past year, the total payout for clinical claims against the NHS has risen to £1.48bn. | In the past year, the total payout for clinical claims against the NHS has risen to £1.48bn. |
Legal firms' costs have risen to an average 55% of the total claim value, where damages are below £100,000. | Legal firms' costs have risen to an average 55% of the total claim value, where damages are below £100,000. |
Mr Potter said it would be "extremely rare" for a Salford Royal patient advised by its solicitors to sue the hospital. | Mr Potter said it would be "extremely rare" for a Salford Royal patient advised by its solicitors to sue the hospital. |
However, the hospital said it did not have a contract in place with the firm to prevent to such a claim. | However, the hospital said it did not have a contract in place with the firm to prevent to such a claim. |
Conservative MP Andrew Bridgen, who has campaigned against personal injury claims advertising in NHS Hospitals, said he was shocked by the findings. | Conservative MP Andrew Bridgen, who has campaigned against personal injury claims advertising in NHS Hospitals, said he was shocked by the findings. |
He said: "Local NHS Trusts are feeding a monster that's eating the NHS." | He said: "Local NHS Trusts are feeding a monster that's eating the NHS." |
"I've spoken to the [health] minister, Philip Dunne, and it's clear he has no knowledge that this is actually going on." | "I've spoken to the [health] minister, Philip Dunne, and it's clear he has no knowledge that this is actually going on." |
"That seems to suggest hospitals are carrying this out below the radar, as far as the Department of Health is concerned." | "That seems to suggest hospitals are carrying this out below the radar, as far as the Department of Health is concerned." |
'Best interests' | 'Best interests' |
A Department of Heath spokesperson told the BBC: "It is completely unacceptable that personal injury lawyers are using the NHS in this way, which is why we are looking at all options to stamp out this practice." | A Department of Heath spokesperson told the BBC: "It is completely unacceptable that personal injury lawyers are using the NHS in this way, which is why we are looking at all options to stamp out this practice." |
An NHS England spokesperson said: "Wherever possible, let's keep lawyers out of hospital, and doctors out of court." | An NHS England spokesperson said: "Wherever possible, let's keep lawyers out of hospital, and doctors out of court." |
NHS spokespeople in Scotland and Northern Ireland said it was a matter for individual trusts, while NHS Wales said it discourages the practice. | NHS spokespeople in Scotland and Northern Ireland said it was a matter for individual trusts, while NHS Wales said it discourages the practice. |
However, the Association of Personal Injury Lawyers defended hospital advice services. | However, the Association of Personal Injury Lawyers defended hospital advice services. |
President Neil Sugarman said: "This is really a case of signposting the options to injured people. | President Neil Sugarman said: "This is really a case of signposting the options to injured people. |
"It is in their interests to know how to access an accredited solicitor who specialises in brain and spinal injuries. | "It is in their interests to know how to access an accredited solicitor who specialises in brain and spinal injuries. |
"Of course, solicitors are not permitted to make approaches and APIL condemns any inappropriate practices." | "Of course, solicitors are not permitted to make approaches and APIL condemns any inappropriate practices." |
Deputy chief executive at Salford Royal, Elaine Inglesby-Burke, told the BBC: "This is a free service provided in the best interests of patients." | Deputy chief executive at Salford Royal, Elaine Inglesby-Burke, told the BBC: "This is a free service provided in the best interests of patients." |
You and Yours is on BBC Radio 4 weekdays 12:15-13:00 GMT. Listen online or download the programme podcast. | You and Yours is on BBC Radio 4 weekdays 12:15-13:00 GMT. Listen online or download the programme podcast. |