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New birth injury compensation scheme shouldn't be rushed

The recently announced Rapid Resolution and Redress scheme (RRR scheme) on the face of it sounds like a fantastic move and something to be prioritised during its upcoming consultation period.

However, whilst any scheme which aims to try and ensure quick and effective resolution of complaints surrounding maternity related injuries should be applauded, it should not be rushed through at the expense of the individual patients.

The article quoted the current Health Secretary Jeremy Hunt saying that on average claims relating to avoidable injuries sustained at birth take over 11 years to come to resolution and the implication is very much that this is a bad thing and such claims are capable of earlier resolution. This is however not always the case.

In many cases involving injuries sustained at birth, the full extent of the damage is not known until the child reaches a certain stage of development, this can on occasion even be once they hit puberty.

Settling such claims through the RRR scheme in an attempt to reach resolution earlier could therefore come with the risk of the child’s full injuries and limitations being unknown at the time of settlement and not properly accounted for meaning the family would be left to deal with the shortfall.

Here at PotterReesDolan, we work with families throughout the life of a case to ensure that the full extent of any injury has been explored and appropriately identified. This enables us to be sure that the individual receives the necessary care and treatment for their full disabilities and helps them to achieve their full potential.

I will therefore be looking forward hugely to how the RRR scheme is to be implemented and hope it can help those claims where perhaps settlement is delayed due to the culture of denial so often encounter with defendant NHS Trusts but without compromising claims on behalf of child where time is necessary to allow the full identification of injuries are appropriately compensated.

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