Abstract

Negligence is generally associated with the civil law. It is the law's way of imposing a standard of care on professionals such as midwives and it provides redress by way of compensation for those harmed by another's careless act or omission. In the NHS, claims for compensation as a result of negligence have been increasing steadily. NHS negligence claims have a potential value of some £5 billion. In 2008/09 the NHS Litigation Authority (NHSLA) received 6080 claims of clinical negligence and 3743 claims of non-clinical negligence against NHS bodies. About £769 million was paid out in connection with clinical negligence claims including £226 million paid out for obstetric and maternity claims (NHSLA, 2009).

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