Medical Liability
Litigation:
An Historical Look at the Causes for
Its Growth in the United
Kingdom
David Chacko
School of Medicine,
University of Pennsylvania
<dchacko@mail.med.upenn.edu>
Abstract
The frequency and severity of medical liability litigation in the United Kingdom
have increased since the middle of the twentieth century. Recent estimates of
settling outstanding negligence claims hover around at least 10 percent of the
National Health Service’s total annual budget. This paper argues that the
frequency and severity of these claims have increased as patients have been
increasingly dissatisfied with the established complaints procedures and
regulation of physicians and as doctors have seen their influence in the
doctor–patient relationship decrease. The current litigation situation compared
to the past is three pronged: doctors are being sued more often; when sued,
they are more likely to lose; and when losing, the claims awarded against them
are increasing in size. As patients become increasingly aware that doctors are
more likely to lose when sued and that the courts are more likely to award
larger settlements, the frequency with which doctors are sued will almost
certainly escalate. This paper concludes by discussing no-fault compensation as
an alternative to litigation that would likely reduce physicians’
susceptibility to litigation.