It’s easy to assume that how our medical systems operate in the United Kingdom is similar to that of other countries, like the United States. However, while making medical mistakes is a widespread issue, how each country handles them is generally different. Let’s explore how our medical malpractice system in the UK compares to the US:
Legal Framework
Even something as seemingly straightforward as cerebral palsy settlements looks vastly different when being handled in the UK versus the US. In the UK, any clinical negligence claims come under negligence laws and are brought against NHS bodies or private providers.
The NHS uses its NHS Resolution and indemnity schemes to fund and manage most NHS care-related claims. In most situations, lawyers will engage in negotiations and settlements without the need for court trials.
In the US, malpractice law is a statutory tort. Patients or their loved ones may sue clinicians, hospitals, or their insurers. Malpractice cases are also handled by plaintiffs’ attorneys, who often work on a contingency-fee basis. Insurers and hospital legal teams typically defend these cases.
Legal Costs
Everyone deserves access to healthcare, and many schemes and programs in the UK are designed to ensure broader access. Healthcare, as well as any legal costs, is provided by the NHS, which is funded by public money. These costs are budgeted centrally through indemnity schemes. Hundreds of millions of pounds are paid annually for clinical negligence claims.
In the US, private malpractice insurers, or insurers of hospitals/employers, pay judgments and settlements. When providers are uninsured or underinsured, liability sometimes falls on the provider or the hospital.
Claims Processes and Outcomes
The main goals of medical malpractice claims differ substantially in the UK and the US. In the UK, most claims are resolved without court proceedings and outside of formal court processes. A thorough investigation is encouraged to learn lessons, but most cases result in early offers.
In the US, many cases still settle, but full discovery and litigation are encouraged. Many medical malpractice claims are resolved through discovery, depositions, expert testimony, and, sometimes, jury trials.
Time Limits
In most situations in the UK, you have three years from the date of the negligent act to when you became aware or reasonably should have become aware of an injury due to negligence. However, there are a few exceptions, such as when a claimant is under 18 or lacks the mental capacity to understand and bring forward a claim. With latent injuries discovered years later, such as cancer or a brain injury, the three-year period starts from when the injuries were found.
In the US, the time limits vary by state. The most common statute of limitations is two to three years. Like in the UK, many factors affect the deadlines. The ‘clock’ often starts when you discover the injury, not the date of malpractice. There may also be special rules for minors and for cases involving hidden foreign objects or provider fraud.
While there are many similarities among health systems worldwide, there are also substantial differences. How medical malpractice claims are handled in the UK versus the US is one great example. The US medical malpractice system is more adversarial and patient-driven, with substantial payouts and higher litigation rates, whereas the UK system is integrated within the NHS, resulting in a less litigious and more collaborative approach.
