In the lead-up to World Stroke Day (29th October 2023), a new analysis reveals the true cost of NHS medical negligence - as searches for stroke misdiagnosis information online soar 267%.

Reviewing NHS data, medical negligence specialists at UK Top 100 law firm RWK Goodman discovered:

• NHS medical negligence has cost the taxpayer over £2.64 billion in the last year alone (2022-23), a 12% increase from the previous tax year.

• Issues relating to neurology and neurosurgery, such as strokes, have resulted in over £662 million in payouts over the last 10 years (2011-2022).

• Within the same time frame, 12,971 total claims have been due to misdiagnosis or a failure/delay to diagnose, at a cost of £2.53 billion.

In a time when financial difficulties and funding struggles are a rising concern, most people don’t want to have to take such measures against a public healthcare provider. However, medical negligence often leaves families with little choice but to seek legal redress, often to fund care that the NHS agrees a patient needs as a result of their negligence.

Lucy Norton, Senior Associate at RWK Goodman discusses a recent case in which over £100,000 was secured due to a GP mis-prescription resulting in a stroke, “Mr Y had been taking medication for atrial fibrillation when he suffered a stroke. It was later discovered that his medication had been prescribed at an insufficient dose for nearly two years.

“As a direct result of the stroke, Mr Y now requires walking aids, and a stairlift as well as needing help to do many everyday tasks. An admission of full liability from the defendant GP meant a settlement was agreed to pay for the patient’s care needs moving forward.”

There are many reasons for which the healthcare provider may be deemed at fault - problems with diagnosis are a common type of medical negligence, apparent both in RWK Goodman’s experience and the data analysis. Failing to treat, a delay in treating and/or misdiagnosing a stroke can have a devastating impact on someone’s health and disability while potentially causing avoidable brain damage.

Failure and/or delays to diagnose has been identified as the second leading reason for damages payouts when looking at data across a 10-year period (2011-2022). Misdiagnosis has also continuously appeared in the top 10 reasons for payouts each year. Looking at search data, it was discovered that there has been a 267% increase in search interest for “stroke misdiagnosis” over the past month, leading up to World Stroke Day.

Negligent hospital care is sadly another cause RWK Goodman commonly experiences, securing over £1 million in damages for a 27-year-old patient who was not seen by a stroke physician for almost a month despite suffering a stroke when under NHS care for a severe flu virus.

Speaking of the case, Norton comments, “If B had undergone a CT scan when the signs of a stroke should have been noted, the worst effects of his stroke would likely have been avoided. We also alleged that there was a failure to provide appropriate stroke/neurological rehabilitation which would have greatly accelerated his recovery and led to a better outcome. Whilst no admissions were made in respect of any negligence, a settlement was achieved for B.”

The negligence led to limitations with career prospects, meant B’s wife needed to become his full-time carer, and he was even unable to hold or care for his newborn daughter. The payout will mean that B’s extra needs are met throughout his life, enabling him to live as full a life as he possibly can given his changed circumstances. Over £686 million has been claimed from the NHS in damages for inappropriate treatment over the last 10 years (2011-2022), totalling 4,847 cases.

Should measures not be taken to curb cases of medical negligence, patients will continue to suffer with lifelong consequences while the NHS experiences further financial strain which should have been avoidable.