Trusts 'urging patients to sue'

The NHS can recover the cost of treating some patients

The Department of Health has warned NHS trusts against encouraging patients who are involved in road accidents to sue those responsible.

It follows reports that some hospitals have teamed up with lawyers to press patients into taking legal action.

In one case, a hospital has even gone so far as to station a clerk from a legal firm in its A&E department so it can offer swift advice to patients.

Trusts are entitled to claim the costs of treating patients who are awarded personal injury compensation.

'Maximising income'

Some of the trusts involved defended their policy, saying they were trying to maximise their income and ensure taxpayers don't lose out.

"At no time are patients put under any pressure," said a spokeswoman from Barts and The London NHS Trust.

The Department of Health considers schemes to encourage people to claim to be both unnecessary and not NHS business Spokeswoman, Department of Health

"Full written permission is given by all patients who choose to ask the company to act on their behalf.

"This arrangement allows the trust to administrate the scheme without incurring the costs of doing so.

"It helps to generate in the region of £1m a year, all of which is ploughed back into our hospitals and patient care."

One trust said it had now stopped sending letters to accident victims, giving details of a company that helps to facilitate compensation claims.

A spokesman for the Royal Surrey County Hospital NHS Trust said: "The literature sent to patients made clear all the options open to them.

"The trust has subsequently ceased sending letters to patients following road traffic accidents."

Angel Assistance, a legal firm, which has teamed up with some trusts said it did not pressure patients into making compensation claims.

"We will only contact patients who have given their prior consent," a spokesman said.

"The service we provide to trusts enables them to recover from insurers the costs due to them in a more expeditious and efficient manner than would otherwise be the case; with as little disruption as possible."

However, the Department of Health urged trusts to think carefully before embarking on such a policy.

"We would expect them to consider the implications very carefully before embarking on something which might be perceived, rightly or wrongly, as encouraging a road traffic accident victim to make a claim against the person who caused the accident in order that the costs of their treatment can be recovered," said a spokeswoman.

"The Department of Health considers schemes to encourage people to claim to be both unnecessary and not NHS business.

"We will be sending an update to NHS Trusts to reiterate our position on this."

Reclaim costs

The NHS Costs Recovery Scheme was introduced a few years ago.

Under the scheme, the NHS can reclaim the cost of treating injured patients in cases where someone else is found responsible.

Officials can recover the cost of treating the injured party if they are found liable in personal injury claims.

"The principle behind this scheme is that those responsible for causing injury to others should meet the costs of their wrongdoings in full, including at least some of the costs of NHS treatment," said the Department of Health spokeswoman.

"Not to do so means that wrongdoers are being subsidised by the taxpayer."

"This is money that goes direct to the NHS hospital trusts that provided the treatment, to be used to further improve services to patients."

Figures from the Department of Health show the NHS recovered £105m from motor insurers between 2002 and 2003.

The insurance industry says the scheme drives up motor insurance premiums.