PLT Masthead 430

Masthead Healthcare - Litigation

NHS England bans claimant lawyers from advertising in hospitals

Hospitals will no longer provide office or advertising space for law firms or claims management companies who encourage patients or their families to take the NHS to court, NHS England has announced.

“Every effort must also be made to ensure lawyers and claims managers don’t approach patients or their families in hospital to drum up business without being asked first,” it said.

The move, which followed a consultation exercise, is being introduced through changes to the NHS Standard Contract under which NHS Trusts and Foundation Trusts operate.

The NHS spent £1.7bn on clinical negligence claims in 2016/17, with legal costs accounting for 36% of the total bill.

An NHS England spokesperson said: “Money spent defending speculative legal claims is money hospitals can’t then spend on looking after patients. That’s why legal firms who pursue the NHS should not advertise in or operate from our hospitals.

“From February, Trusts are now prohibited from entering or renewing agreements with firms who want to sue them.

“Staying in hospital is often a traumatic experience, one that is made worse by lawyers soliciting patients or their families for business – a practice we are also calling on Trusts to do all they can to stop.”

The new ban will come into force on 1 February 2018.

NHS England said the changes would not affect “valuable services such as those law firms who run programmes in Major Trauma Centres providing pro bono services to patients and families that have been through life changing events”.

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