News

23/05/08 'PATIENT SAFETY CHAMPIONS' NETWORK LAUNCHED 

Speaking at the Patient Safety Congress (London, 23rd May) attended by 600 delegates, AvMA Chief Executive, Peter Walsh, announced that the first 22 patient safety champions for England and Wales had been successfully recruited and gone through an induction workshop.  This is part of a joint National Patient Safety Agency/AvMA project to recruit patients to work in partnership with NHS staff on patient safety.  It is linked to the WHO Patients for Patient Safety initiative and implements a recommendation in Safety First (DoH, 2006).  An early priority for champions is to challenge the current 'culture of denial' and promote 'Being Open'  more

21/04/08 CALL FOR MORE CONSISTENT FITNESS TO PRACTISE DECISIONS

For a copy of AvMA's response to the CHRE consultation on fitness to practise procedure click here

31/03/08 AvMA RESPONDS TO SCOTTISH CIVIL COURTS REVIEW

AvMA's response to the Scottish Courts Review consultation calls for radical improvements to improve access to justice for people affected by medical negligence in Scotland.  For a copy of AvMA's response click here

18/03/08 NHS SEEKS PATIENT 'CHAMPIONS' TO IMPROVE SAFETY 

A campaign to recruit Patient Safety Champions is launched today at a special conference in Birmingham.

Members of the public will champion the cause of patient safety, and the role patients can play in improving safety. 22 Patient Safety Champions will be recruited to work with staff responsible for patient safety across England and Wales.

The champions will be drawn from patients, including people who have been affected by medical accidents.

for full Press Release click here

for Further Information click here

12/03/08 AvMA CALLS FOR 'BEING OPEN' TO BE MONITORED AS PART OF THE ANNUAL HEALTH CHECK

For a copy of AvMA's response to the Healthcare Commission consultation on the Annual Healthcheck click here

07/03/08 CORONERS REFORM

AvMA has submitted its response to the consultation on amendments to rule 43 of the Coroners Bill.  For a copy of the response click here.  AvMA and others have been campaigning for much needed reforms to the coronial system.

25/01/08 WATCHDOG'S MATERNITY FINDINGS WELCOMED

Patient safety campaigners have welcomed the Healthcare Commission findings which point to the unsatisfactory state of Maternity Services in England. Action against Medical Accidents ('AvMA' - the charity for patient safety and justice) says that the findings are a formal endorsement of what it has been telling the NHS for years. Cases involving harm in maternity services form the largest contingent in the charity's 4,000 new enquiries each year, many involving severe brain injury to babies. The yearly bill for clinical negligence in the NHS in England, which has reached £600 million, is dominated by cases of harm caused by negligent care at birth. AvMA chief executive Peter Walsh said:

"As if the dreadful human cost was not enough, the NHS only has to look at what it is paying in compensation to families with brain injured babies to see that urgent action is needed. The Healthcare Commission report is a welcome, if belated, wake up call for the NHS. We and others have been saying for years that numbers of midwives are dangerously low, as is consultant cover to deal with emergencies. Sadly, we continue to see some of the same failures repeated today as we did twenty five years ago when the charity started. Some are as basic as staff's lack of training and ability to interpret and act upon warnings from monitoring equipment such as CTG machines."

17/01/08: PATIENTS SAY 'THANK YOU' LESLIE ASH 

Action against Medical Accidents (AvMA – the charity which promotes patient safety & justice) has welcomed the NHS compensation payout to actress Leslie Ash in respect of MRSA acquired at Chelsea and Westminster NHS Trust.

The charity says that this should be seen as another wake-up call to the NHS to clean up its act, and also raise awareness of the need to improve access to justice for people without the financial means of Ms Ash to investigate and pursue their cases.    more

21/12/07: PATIENT SAFETY CHAMPIONS NETWORK

AvMA wins National Patient Safety Agency (NPSA) tender to recruit, support and provide training for Patient Champions. AvMA will also establish a wider network aimed at anybody interested in patient safety.  

The aim is to stimulate and support patient safety improvements by recruiting Patient Safety Champions who will work with Patient Safety Action Teams at Strategic Health Authority level.  Patient Champions will be recruited from people who have suffered harm, those close to them and patient activists.  The wider network will enable anybody interested in patient safety to also have a better understanding of the issues and engage in a dialogue with clinicians and health professionals.  The project will help ensure patient involvement in patient safety becomes embedded within the NHS. 

This work arises out of recommendations made in the Chief Medical Officer’s ‘Safety First’ report.  The proposed network is based on the World Alliance for Patient Safety ‘Patients for Patient Safety’ model and follows on from work AvMA has already carried out in partnership with the NPSA.

02/11/07: EIGHT HONOURED AS 25TH ANNIVERSARY MARKS WATERSHED FOR PATIENT SAFETY & JUSTICE

The names of eight individuals who have helped change the face of patient safety & justice in the UK were revealed at the 25th anniversary celebration of Action against Medical Accidents ('AvMA' - the charity which promotes patient safety and justice) at the Science Museum, London on Friday 2nd November.  The event was attended by 470 people.  For details of the awards and winners click here.  Click here for more on this story

11/10/07: THREE REPORTS THIS WEEK UNDERLINE THE NEED FOR URGENT ACTION

AvMA has called for urgent action to improve standards of safety and restore public confidence following the third official report in a week pointed to serious failures. This week alone has seen damning reports illustrating unnecessary death and disability caused by poor maternity care (Royal College of Obstetricians et al), lack of consultants in Accident & Emergency Departments (CEPOD), and the latest report by the Healthcare Commission into out breaks of C Difficile in Maidstone hospital. AvMA chief executive Peter Walsh said:

"These reports confirm what this charity has been saying for some time, but must surely spur the NHS into urgent action. The latest report on Maidstone Hospital is in some ways the most shocking because of the disregard for patient safety shown my management and the unprofessional resignation to unsafe practice shown by health professionals at the trust. It is time to get tough. Anyone can be involved in an accidental error, but blatant disregard for safety can not be tolerated. Both the Maidstone report and an earlier one on Stoke Mandeville suggest that reconfigurations and concentration on targets and finance at the expense of safety played a role. It is time the Department of Health stopped tinkering with the NHS and made patient safety the single overriding goal. Unnecessary reconfigurations and fragmentation of the NHS into different compartments including the private sector is compromising safety."

28/09/2007: NATIONAL AUDIT OFFICE STUDY OF NHS COMPLAINTS

The National Audit Office is conducting a study into NHS handling of complaints. An online survey is being conducted upto 31st October and can be accessed by clicking here  

18/09/2007:   30 PEOPLE WHO HELPED CHANGE THE FACE OF PATIENT SAFETY AND JUSTICE

AvMA are pleased to announce the shortlists for the prestigious awards for outstanding contribution in the fields of patient safety and justice.  The awards mark the 25th  Anniversary of the charity and are designed to acknowledge the contribution made over that time by a wide range of individuals in various capacities.  The winners of each award will be announced at AvMA’s 25th Anniversary Gala celebration at the Science Museum, London on 2nd November 2007.  For details of all the shortlisted candidates for each award click here.

 31/08/2007:  AvMA BRIEFING ON COMPLAINTS REFORM

AvMA have published a briefing/discussion paper on the Government's reform of the NHS complaints procedure.  Whilst welcoming the policy intention behind the reforms, AvMA raises concerns about the proposal to do away with the independent review function of the Healthcare Commission (at least until improvements in local resolution and the capacity of the Health Service Ombudsman is seen to be adequate to deal with the demand for independent scrutiny of complaints).  For a copy of AVMA's briefing click here.  We would welcome your thoughts before we submit our final response.  Either e-mail us at admin@avma.org.uk or take part in our active discussion forum by registering here.

30/07/2007 :  15 JUMP FOR JUSTICE

15 supporters of AvMA - individuals, solicitors and barristers - took part in the sponsored parachute jump in aid of AvMA on Sunday 29th July.  The event is part of a range of activities to mark the 25th anniversary of AvMA and raise much needed funds for the charity.  It is hoped approximately £15,000 was raised.

29/07/2007 :  AvMA CALLS FOR FAIRER DAMAGES

AvMA has submitted its final response to the Department of Consitutional Affairs (now Ministry of Justice) consultation on the law of damages.  To view AvMA's response click here.  AvMA is calling for a fairer approach to awarding damages.

27/07/2007 :  DARTMOOR CONQUERED IN AID OF AvMA

Intrepid walkers overcame the elements, floods and travel complications to complete a sponsored walk in aid of AvMA’s 25th anniversary appeal last weekend. Our sincere thanks to those who made it and also to those who would have done but for the impossible transport problems. The event was organised by Patrick Cheadle of Brindley Twist Tafft & James with the help of Dr Adrain Rogers, who kindly provided the following report. more

25/06/2007 :  CALL FOR JUSTICE IN SCOTLAND

AvMA is launcing a campaign for better access to justice for people affected by medical negligence in Scotland at its annual Clinical Negligence conference in Glasgow (29th - 30th June). As AvMA celebrates its 25th anniversary this year, it is aso being pointed out that in terms of the situation concerning access to justice in the field of medical negligence, Scotland is approximately where England and Wales was 25 years ago when the charity started. Less than one fifth is paid out for damages in medical negligence by the NHS in Scotland, per head of population, than in England. (In 2005-2006 the Scottish NHS paid £9.8 million on medical negligence, whilst in England the figure was £560 million). Only four firms of solicitors in the whole of Scotland employ a solicitor who is an accredited specialist in medical negligence. The recommendation of the Expert Group chaired by Lord Ross which reported to the Scottish Executive in 2003, to fund a Scottish branch of AvMA,  has not been implemented. To download a copy of AvMA's 'Call for Justice'  click here. AvMA is due to meet with Deputy First Minister and CAbinet Secretary for Health, Nicola Sturgeon, shortly. The SNP' s manifesto included a plan to develop a compensation scheme for the NHS in Scotland.

24/05/2007 :  AWARDS MARK 25th ANNIVERSARY

AvMA are delighted to invite nominations of the people you think have made a really outstanding contribution in the fields of patient safety or justice during the last 25 years.  We are looking for people who have made an outstanding contribution:

-  to Patient Safety (sponsored by Datix)
-  as a Claimant Solicitor (sponsored by No 5 Chambers)
-  as a Defence Solicitor (sponsored by Forum of Insurance Lawyers)
-  as a Medical Expert (sponsored by 'Clinical Risk' - RSM Press)
-  as a Patient/Campaigner (sponsored by National Patient Safety Agency)
-  as a Barrister (sponsored by Bevan Brittan)

The awards will be presented at AvMA's 25th Anniversary Ball, at the Science Museum, London on 2nd November.  We are grateful to the sponsors of the awards.

Deadline for receipt of nominations: 31st July 2007

For details of the awards, click here

To download a nomination form, click here

To reserve a place at the 25th Anniversary Ball, 2nd November at the Science Museum email here or telephone the conference team on 020 8688 9555.

21/02/2007 :  REGULATION WHITE PAPER PUBLISHED

The Government today published its white paper 'Trust, Assurance and Safety - the Regulation of Health Professionals in the 21st Century' . Published alongside it is 'Safeguarding Patients' which is its response to the Shipman Inquiry recommendations and those from the Ayling, Neale and Kerr / Haslam Inquiries. Copies can be downloaded from the Department of Health site: www.dh.gov.uk.

AvMA have welcomed the main thrust of the reforms but has concerns about the failure to seriously address the lack of specialist support for people considering raising concerns about health professionals and in following their concerns through the fitness to practise procedures. AvMA is also concerned that the proposed scheme of local GMC affiliates needs to be thought through in much greater detail in order to avoid conflicts of interest, perceptions of lack of independence and unnecessary barriers to concerns being investigated through the fitness to practise procedure of the GMC itself.

01/02/2007 :  CALL FOR COMPLAINTS REFORM IN LIGHT OF REPORT

Action against Medical Accidents (AvMA) have called for a speeding up of the process of reforming NHS complaints procedures in the light of the Healthcare Commission report on NHS complaints published today. Reform of the NHS Complaints Procedure has been promised for years but has still not been followed through. The report pinpoints a large increase in complaints having to go to independent review and cites wide scale poor handling of complaints. The procedure itself does not help. There is general consensus that it is slow, unwieldy and often leads to dissatisfaction. Although the report cites around one quarter of the complaints it reviewed as being concerned with patient safety, AvMA estimates that this is much higher. Poor nutrition or lack of help with feeding a frail patient is a patient safety issue for example, as is poor cleaning or hygiene. AvMA is also concerned at the failure to provide an Independent Complaints Advocacy Service for complainants in line with promises made over the abolition of ommunity Health Councils (CHCs). AvMA chief executive, Peter Walsh, said:

"What is frustrating is that this report simply confirms what AvMA and other patients groups have been saying for years. Shockingly, we can still see no convincing evidence that the information available to the NHS through complaints is being actively used to learn lessons and improve safety. Patients have been left for too long with an outdated complaints procedure which is not fit for purpose and the NHS has been slow to give complaints the attention they deserve. The way people are dealt with when they have complained often adds insult to injury. It is a scandal that the promises of a specialist local one-stop shop to support people with complaints and support involvement and monitoring of the NHS to replace CHCs are being ignored". 

22/01/2007 :  AvMA JOINS HIGH LEVEL PATIENT SAFET TASK FORCE

AvMA has been asked to join the high level National Patient Safet Forum convened following the report of chief medical officer, Sir Liam Donaldson's report Safety First, published in December 2006. The forum comprises leading figures from healthcare and regulation including Sir Liam himself, Sir Ian Kennedy, the chief executive of the NHS, David Nicholson, and other leading figures. AvMA are there to ensure that patients' experience and needs are strongly represented. AvMA's chief executive, Peter Walsh will be a member of the forum, which is designed to inject a fresh sense of urgency and leadership into patient safety work.

11/01/2007 :  'DEFEATISM' OVER HOSPITAL BUGS CRITICISED

Action against Medicall Accidents (AvMA) has attacked what it calls ‘defeatism’ over tackling hospital acquired infections such as MRSA and c-difficile, exemplified by the leaked Department of Health memo reported in the media today. AvMA’s chief executive, Peter Walsh said:

“We can not allow defeatism to replace the complacency which preceded it in the NHS. Now that hospital infections are finally being given the priority many of us were calling for for years, we have to step up the fight rather than kid ourselves that nothing more can be done to meet the targets set by government. Lessons from abroad as well as here in the UK, such as at University College London, show that where there is a genuine commitment, dramatic reductions in infections can be achieved, preventing thousands of avoidable deaths and devastated lives”.

23/12/2006 :  PATIENT SAFETY GIVEN BOOST

AvMA has welcomed the report from Sir Liam Donaldson, Safety First, which represents the results of his review into organisational arrangements for Patient Safety in England. The report's recommendations will see a slimming down of the National Patient Safety Agency (NPSA) with some of its existing functions going to other agencies, but it will remain focussed on collecting and collating patient safety incident information. AvMA chief executive, Peter Walsh said that the report seemed to signal a renewed sense of urgency about tackling patient safety. AvMA was particularly pleased with a recommendation for much more work on involving patients in patient safety work - something AvMA has pioneeered in partnership with the NPSA with the 'Patients for Patient Safety' project - and with the report's acknowledgement of a continuing culture of denial in the NHS which needs to be tackled. He described this as a 'refreshing' change in rhetoric from the old emphais on so-called 'no-blame culture' .

08/11/2006 :  NHS REDRESS BILL TO GET ROYAL ASSENT

Action against Medical Accidents (AvMA), and politicians have given a guarded welcome to the passing of the NHS Redress Bill. (The Bill was given Royal Assent on 8th November and is now the NHS Redress Act 2006)..

Peter Walsh, Chief Executive of AvMA said:

“The challenge now is to make the scheme as robust and workable as possible by making sure that sensible regulations governing the scheme are adopted, and working with bodies such as the Legal Services Commission to ensure it does not inhibit rather than promote access to justice. If we do that, it will be a credible alternative for patients injured by the NHS to seek redress. However, in many ways it is a wasted opportunity. It certainly isn’t as radical as we would have liked, and its benefits will be limited by the Government’s refusal to allow independence and its insistence on using the legal test of ‘negligence’ without the rigour and representation afforded by the legal system. Nonetheless, we are grateful for the concessions made by the Government following a concerted campaign by AvMA and others, which at least provides a framework for providing a credible alternative to litigation”.

The Bill was finally allowed to pass by the House of Lords on 25th October after the Lords had twice sent the Bill back to the Commons, insisting (unsuccessfully in the end) on more independence. The Bill will establish an ‘NHS Redress Scheme’ for people the NHS assess would be entitled to compensation for clinical negligence in the courts. For Key points about the Bill click on 'more' below. more

26/10/2006 :  GOVERNMENT DEFEATED OVER NHS REDRESS BILL

The Government were defeated in the House of Lords last night (25th October) by149 votes to 133 over an amendment supported by Conservative and Liberal Democrat peers,  that now introduces ‘independent oversight’ of initial ‘fact-finding’ investigations as part of the NHS Redress Scheme. Such investigations will be limited to establishing facts only, and not establishing eligibility for redress. It is not specified what the nature of the ‘independent oversight’ would be and the full effect of the amendment on the Bill as a whole  is still being analysed. However, it would appear that decisions on eligibility for redress would be made as part of a second separate stage, which would still be overseen by the NHSLA. Other amendments which would have denied patients in the scheme access to any specialist legal advice or the ability to jointly instruct independent medical experts as a means of resolving cases which are in dispute were withdrawn. AvMA had made strong representations to opposition parties about this. These amendments would have undone the improvements which AvMA had helped secure in introducing the availability of specialist legal advice and joint instruction of medical experts. AvMA were cited in the debate as an influence in securing improvements to the Bill. The future of the whole Bill is now in doubt. As we understand it, if the legislation is not completed by 14th November the whole Bill is lost. A date has not been given for it to return to the Commons yet. The Government have the option of allowing the Bill to pass as amended or amending it again in the Commons. If the latter happened the Lords would have to decide whether to accept it or indulge in a game of ‘ping-pong’ , which would probably result in it being lost altogether. For a full update on the progress of the Bill and its implications, and forthcoming reform of the NHS Complaints procedure, you can still attend AvMA’s conference From NHS Complaints to Redress – Understanding the changing Landscape, 29th November, London.

16/10/2006 :  AvMA RESPONDS TO KEY CONSULTATIONS

Copies of AvMA's responses to consultation on Coroners reforrm; reform of Legal Aid and the Healthcare Commission's review of Independent Sector Treatment Centres are now available on the 'Publications' page of this website. AvMA are in the process of finalising their response to the Department of Health consultation on the Regulation of Health Professionals. You can inform our response by sharing your views on the "Your Views Sought" page or joinging the Discussion Forum.

01/09/2006 :  CARE OF OLDER PEOPLE UNDER SPOTLIGHT

AvMA have organised a conference to raise awareness of serious issues affecting older people and their carers. Ethical & Legal Issues in the Care of Older People is being held on 30th November in London. The Care of older people presents an ever increasing range of ethical and legal issues for health professionals and policy makers, not to mention older people themselves and their carers, ranging from who should have access to treatment and to how and when people should be allowed to die. There is growing concern over perceived discrimination against older people in health care and the quality of care that is provided. Older people and their carers and advocates face a confusing regulatory landscape and barriers to accessing justice.

This landmark conference brings together some of the leading experts in the older people's healthcare and the medico-legal world, and is a must for everyone with an interest in the care of older people; older people's rights; and ethical and medico-legal issues concerning the care of older people.

For further details and to book see 'Conferences & Events' or phone the event team on 0845 303 3334

17/07/2006 :  HEALTH PROFESSIONAL REGULATION REVIEWS PUBLISHED

The long-awaited reports on the regulation of health professionals following the Shipman Inquiry have now been published and are available on the Department of Health website www.dh.gov.uk . The ‘Donaldson’ report deals with doctors and the GMC. The ‘Foster’ review deals with non-medical health professions and their regulators. Both reports are the subject of consultation closing in November 2006.

AvMA have given a cautious welcome to the reports. Some of the recommendations mirror what AvMA has been calling for. For example, the recommendation to move to a civil standard of proof in fitness to practise cases (on the balance of probability) rather than the criminal standard (beyond reasonable doubt). AvMA have argued that it is unreasonable for a health professional who is ‘probably’ a danger to the public to be allowed to practise freely. The call for more consistency across regulators is also welcome. However many of the recommendations need further explanation and analysis. Little is done to clarify how revalidation should be taken forward. And very little is said about ensuring patients receive appropriate independent advice and support in dealing with the regulatory system (other than a welcome mention in the ‘Foster’ review.

13/07/2006 :  NHS REDRESS BILL IMPROVED

The NHS Redress Bill was amended significantly at the report stage debate in the House of Commons on Thursday 13th July. The Government made a number of amendments, which appear to be in response to the strong campaign for more independence, specialist advice and representation for patients and for measures to ensure patient safety lessons are learnt and implemented. Taken together with an amendment from Labour MP (and AvMA trustee) Sion Simon, the amendments could represent a significant shift towards what AvMA and others have been calling for. Whilst the NHS Redress Scheme itself will still not be independent, it is now clear that in cases which remain disputed there will be an option to attempt resolution through the joint instruction of an independent medical expert who would report on liability and causation. The patient would be empowered in that process by specialist legal advice. Other amendments provide for patients receiving a report of the scheme’s investigation, including an action plan on what is to be done to improve patient safety as a result of their case. NHS organisations will also have to produce an annual report on lessons learnt and action taken as a result of cases in the scheme. Opposition amendments which would have denied patients access to any legal advice at all in the process of determining eligibility for redress and made the joint instruction of independent medical experts impossible were defeated. The Opposition sought to restrict any independence to the ‘oversight’ of an initial fact finding investigation, which would have left patients with no option of an independent assessment of the merits of their case and no means of influencing the outcome of the NHS Redress Scheme decision on eligibility. A date is now awaited for the Bill to be debated again in the Lords, probably in the autumn. more

14/06/2006 :  MPs Urged to Amend NHS Redress Bill

MPs are today being urged to make improvements to the NHS Redress Bill at a special meeting in the House of Commons. The Redress Bill, currently being hotly debated in the Commons, introduces an NHS Redress Scheme as an alternative to litigation in offering redress in lower value clinical negligence cases in the English NHS. There is widespread agreement on the desirability of a faster, less stressful and less costly approach to such cases than the courts can provide, but the proposals have been heavily criticised for their lack of independence. At today’s meeting, hosted by Labour MP, Siôn Simon, MPs will hear perspectives from patients, doctors and lawyers through representatives of the patients’ charity, Action against Medical Accidents (AvMA), the Medical Protection Society and the Law Society.

28/03/2006 :  Cosultation on AvMA Clinical Negligence Panel Solicitors

AvMA is  updating the eligibility criteria for its specialist clinical negligence panel of solicitors (known previously as the 'AvMA Referral Panel', and is introducing a re-accreditation scheme to supplement the ongoing monitoring and review which is currently used. We would greatly value feedback from members of the public, those who have been involved in making a clinical negligence claim, clinical negligence solicitors and other interested stakeholders. We are asking for feedback on the issues in our consultation paper by 20th April 2006. People who have been affected by medical accidents themselves can also register to use our online discussion forum (see 'Forum') where they can read what others have to say and add their comments. (There is also a discussion forum on this on the member solicitors' site).
For a copy of the consultation paper click here
For a copy of the current criteria click here
Send your views to by e-mail admin@avma.org.uk

09/03/2006 :  CONCERNS ABOUT INDEPENDENT TREATMENT CENTRES

AvMA has submitted evidence to the Health Select Committee investigation into Independent Sector Treatment Centres (ISTCs), highlighting the highly confused and inadequate planning that has gone into issues such as who is liable when things go wrong, and how to ensure the best possible patient safety. AvMA has received feedback about patients who have been harmed as a result of treatment in ISTcs, where to add insult to injury there have been difficulties in bringing a clinical negligence claim. Many of the doctors used in such centres and the companies running them are also from overseas. There are concerns about standards and how much more difficult it is to have a consistent and rigorous approach to patient safety when NHS care is outsourced to a variety of private sector organisations. AvMA is calling for action to ensure that every NHS patient, wherever they are treated, is covered by NHS indemnity, and more robust measures to ensure errors are avoided and lessons are learnt when they do occur. For a copy of AvMA's evidence to the Health Select Committee click here

01/03/2006 :  PATIENTS SETTING THE SAFETY & JUSTICE AGENDA

AvMA are organising a special event where patients and patient organisations with an interest in patient safety and justice will be setting the agenda for a change. 'The Patients Agenda for Safety & Justice' is being held at the National Council for Voluntary Organisations, Regents Wharf, London on 9th May, 10:30 - 3:30.  Places are FREE for individual patients and unfunded patients groups. Statutory organiations, health providers and policy makers are strongly recommended to attend to hear the patient' perspective on important issues such as:
- improving patient safety in areas such as medication errors and hospital acquired infections
- protecting patients through better regulation and revalidation of health professionals
- access to justice when things go wrong / the proposed NHS Redress Scheme
- ethical issues around life and death decisions in healthcare
- involving patients in improving patient safety
For details contact Margaret Morley at AvMA on 0208 688 9555.

24/02/2006 :  PATIENTS FOR PATIENT SAFETY

Action against Medical Accidents (‘AvMA’ – the charity which promotes patient safety and justice in the UK) and the National Patient Safety Agency (NPSA) are pleased to announce that they are collaborating on the ‘Patients for Patient Safety’ project in England and Wales. The project aims to offer training and support to lay people who want to get involved in their local NHS’s work on improving patient safety. An induction training module will be developed to help people understand the structures and processes used by the NHS, terminology, and how they could contribute a patient perspective to patient safety work. A network for people involved in this kind of work will be developed so that practical experience and good practise can be shared. The project will also facilitate a national network of patients’ organisations with an interest in patient safety. The project is being funded for two years initially and starts in April 2006.

The project will build upon the international ‘Patients for Patient Safety’ initiative of the World Alliance on Patient Safety - a World Health Organisation (WHO) initiative.

AvMA are in the process of appointing a Project Manager to lead on this project.

16/02/2006 :  GOVERNMENT DEFEATED OVER NHS REDRESS BILL

The Government were defeated in the House of Lords last night on a vote on an opposition amendment which introduces independence into investigations as part of the proposed NHS Redress Scheme. As amended, the investigations would be overseen by independent patient redress investigators, who would be accredited by the Healthcare Commission. The amendment was won by one vote - 126 to 125. The Government has fiercely resisted any attempts to bring independence to bear in the NHS Redress Scheme in spite of widespread criticism of this aspect of its proposals. 18 patient / consumer groups are now signed up to the call for the Bill to be amended to address this and other weaknesses - the latest addition being the Board of Community Health Councils in Wales. The amendment made to the Bill only partly addresses the key concerns. Unfortunately a vote on another amendment which would have introduced an independent means of resolving cases where the NHS fails to admit liability following an investigation was lost. Essentially, the Bill as amended would create a scheme where injured patients have the opportunity to be put in a similar situation to which they would be if they had had a complaint dealt with at the independent review stage. This is an improvement on the Government's proposals. However, the injured patient would still have to rely on the NHS itself to admit liability and make a suitable offer of compensation or be forced to take legal action. Whilst it is possible the amendment will be reversed in the next stages of the Bill's progress through Parliament, this vote sends the clearest possible message that the Government needs to rethink its plans if the Redress Scheme is to have credibility.

06/02/2006 :  PATIENTS GROUPS CALL FOR CHANGES TO REDRESS BILL

The NHS Redress Bill is due to be debated again in the House of Lords on 15th February, when there are likely to be votes on Opposition amendments if the Government does not make concessions.. There is increasing pressure to make improvements to the Bill to address the perceived weknesses of:
- a lack of indpendence
- the need for specialist medico-legal advice & representation for patients in the scheme
- and more robust measures to ensure patient safety lessons are learnt from cases
16 charities/patient groups have now signed up to the call for improvements to the Bill to address these issues. Groups signed up to the call include the Patients Association; Which?; the National Consumer Council; Help the Aged; MIND and Rethink as well as AvMA. (see ' NHS Redress Bill - What others say'). Opposition parties and some Labour peers have criticised the Bill for the same reasons. AvMA have been very busy lobbying and campaigning from its position of expertise in these matters on behalf of patients, and are due to meet with Health Minister Jane Kennedy shortly.. AvMA's chief executive, Peter Walsh said:

"The NHS Redress Scheme has the potential to be a great initiative if the Government are prepared to listen to patients groups and make the necessary improvements to the Bill. However, the plans as they stand would do more harm than good. We are not aware of any patient group who supports the adoption of the plans without the improvements we are looking for. This will be a test of whether the Government genuinely want to empower patients and put them 'at the centre'. The next few weeks will tell"

See AvMA's briefing on the NHS Redress Bill for full details.

10/11/2005 :  CAMPAIGN GAINS MOMENTUM

The campaign to improve the NHS Redress Bill is gaining widespread support.  When the Bill was debated in the Lords on 2nd November, peers from all political parties criticised the proposals for their lack of independence.  A broad coalition of patients/consumer organisations is also calling for independence; specialist medico-legal advice; and improving patient safety to be built into the Bill.  Visit the NHS Redress Bill section of this site for full details.

20/10/2005 :  CAMPAIGN LAUNCHED TO IMPROVE REDRESS PROPOSALS

AvMA have launched a campaign to improve the proposals for an NHS Redress Scheme contained in the NHS Redress Bill currently going through Parliament.  Whilst AvMA is supportive of the concept of an NHS Redress Scheme, it feels that a scheme lacking any independence, as the current proposal does, could not deliver fair outcomes for injured patients / their families and would fail to enjoy public confidence. AvMA has produced a summarised and detailed briefing  on the NHS Redress Bill, including our suggestions for a fairer, more practical approach, which can be downloaded by clicking here. If you share AvMA's concerns, e-mail us admin@avma.org.uk and send us a message.

To read a real moving real life case study which shows the weaknesses of the current proposals click here.

13/10/2005 :  NHS REDRESS BILL INTRODUCED

The NHS Redress Bill has been introduced in Parliament. AvMA has welcomed the principle of creating an NHS Redress Scheme, which could provide speedier, less painful access to full explanations of why things have gone wrong, remedial treatment, compensation and action to prevent the reoccurrence of the same errors. However, it is concerned that the NHS Redress Bill  does not provide for any independence of judgements over who should qualify or guarantees over the provision of suitable independent medico-legal advice to people to help them understand their options and empower them in the scheme. AvMA chief executive, Peter Walsh, said: "This Bill has the potential for great good for the people we serve if it contains the necessary safeguards concerning independence and access to specialist independent medico-legal advice to empower patients in the process. Without them, the proposals would lack credibility and could damage rather than build confidence in the NHS. It is not reasonable to expect fair outcomes from a process which does not empower the injured party and asks the NHS bodies responsible for errors to be judge and jury over themselves. Speedier, less painful access to the truth and appropriate redress than the law can provide is something we have championed for years.  This is an important initiative, and it deserves the necessary degree of safeguards and detail on the face of the Bill. We are also disappointed that the more radical vision shown by the chief medical officer in 'Making Amends'  does not seem to have been accepted. Gone for example is the commitment to find a fairer test than the legalistic 'Bolam'  test and the creation of a legal 'Duty of Candour'. We hope we can achieve improvements to the plans during the course of the legislation and the regulations that will follow." 

AvMA will be issuing a more detailed briefing on the NHS Redress Bill shortly.

15/09/2005 :  NEW SELF-MANAGEMENT PROGRAMME ON MEDICAL HARM

AvMA is pleased to announce a residential programme for people affected by medical harm, to be run from the evening of 24th October until the afternoon of 26th October 2005 in Oxfordshire.  Places on the programme are heavily subsidised using AvMA's charitable funds.  The cost to participants is just £85 all inclusive.

for a copy of the flyer click here
for a copy of the programme click here
for a copy of the booking form click here

or telephone AvMA on 020 8688 9555

The Breakthrough Programme is inspired by Josephine Ocloo as a result of her own experience of medical harm.  It has been designed and will be delivered by Josephine, Louise Price, Advice and Information Manager at AvMA and John McConnel, a Stress Management and Personal Development Trainer.

09/08/2005 :  PATIENT SAFETY CHAMPIONS NEEDED

The World Health Organisation is recruiting patient safety 'champions' from around the world to provide the patient/consumer input to its World Alliance for Patient Safety initiative. Successful applicants will be required to attend a workshop in London from 27th November to 1st December 2005 (expenses will be met by WHO). This initiative is being called 'Patients for Patient Safety'. For further details, including how to apply, contact Rachel Heath: safety@patientsorganizations.org Tel: +44 20 7721 7549

21/07/2005 :  CALL FOR MORE OPENNESS AND ACTION ON PATIENT SAFETY

The UK’s patient safety charity, Action against Medical Accidents (AvMA) has welcomed the report of the ‘National Reporting and Learning System and Patient Safety Observatory’ published today by the National Patient Safety Agency (NPSA) but called for more openness and honesty with patients and more priority on putting things right.

Chief Executive, Peter Walsh, said: “It is a good thing that we have an agency like the NPSA to pull together learning and solution work. However, it is still a fact that many patients and families do not have medical errors disclosed openly and honestly to them. An anonymous report to the NPSA is no substitute for that. It is also alarming that the rate of incidents has again been confirmed as so high, and that some trusts are still not using the reporting systems or acting on patient safety alerts which are sent out. More priority needs to be given to the ‘solution’ role – we already have a list as long as our arm of things that need to be done, even without the reports. There needs to be a system for checking that trusts are adhering to guidance".

25/06/2005 :  CLINICAL NEGLIGENCE PRACTITIONERS 'RAISE THEIR GAME'

The Annual Clinical Negligence Conference in Cardiff (24th-25th June) attracted around 500 professionals practising in the field of clinical negligence, including lawyers, medical experts and policy makers. Although AvMA runs a compehensive programme of training and conferences during the year, this event is seen as the pinnacle for those involved in clinical negligence wishing to develop best practice and to learn from the very best minds in the field. A recurring theme at this year's conference was the need to look beyond traditional clinical negligence litigation to other branches of the law in order to meet the needs of people affected by  medical tretment, decisions or omissions. These included Human Rights Act issues but also education, criminal, and in the case of MRSA, health and safety law. Evaluation forms received from delegates suggest it was one of the most successful yet. The dates and venue for next year's conference: 29thb June - 1st July 2006, in Brighton.

19/05/2005 :  'NO-FAULT' SCHEME DROPPED FRON NHS REDRESS PROPOSALS

The  proposal to set up a 'no-fault' compensation scheme for severely neurologically impaired babies which was to be  part of the proposed NHS Redress Scheme has been dropped. The controversial proposal was first mooted in the Chief Medical Officers Making Amends report in 2003. Whilst welcoming the chief medical officer's intentions, AvMA argued strongly from the outset that the scheme as proposed had great practical difficulties and may work against the interests of families affected by clinical negligence. We proposed that the quality of care for all neurologically impaired babies should be brought up to a good standard rather than seeking to reduce the quality of care or compensation available to those who are able to make a clinical negligence claim. We are pleased that this is the approach the government now plans to adopt, by implementing the Childrens National Service Framework. The NHS Redress Bill (see below) will now only provide the necessary legislation to take forward the smaller claims element of the proposed NHS Redress Scheme.

17/05/2005 :  QUEEN'S SPEECH SIGNALS REFORMS TO PROCEED

Today's Queen's speech contained plans for legislation to take forward plans for an NHS Redress Scheme (an 'NHS Redress Bill'), to tackle MRSA (a 'Health Improvement and Protection Bill') and a bill to address a so-called 'compensation culture' (a 'Compensation Bill'). This is the first definite sign that the reforms to the way the NHS deals with clinical negligence first mooted by the chief medical officer in Making Amends (2003) will go ahead. However, detail of how the plans have changed since the consultation have yet to be announced. AvMA and others have argued that the plans as originally described would be unworkable and unfair to patients damaged by negligent treatment. The main flaws were the absence of any independent assessment to establish elibibility for compensation and the lack of any independent representation for patients seeking redress. AvMA has made strong representations about  these issues and it is hoped that the updated proposals will address them. AvMA has welcomed the initiative to strengthen measures to address MRSA but is concerned at the perpetuation of misleading perceptions of a so-called 'compensation culture'. The evidence shows that there is no such thing, particularly in clinical negligence where it is well established that only a tiny proportion of patients with potential claims actually make one. Click below for further comment from AvMA: more

03/03/2005 :  PLANS TO RESTRICT LEGAL AID DROPPED

AvMA and other campaigners for access to justice are claiming a 'victory for commonsense' following a decision not to go ahead with controversial proposals to restrict legal aid for clinical negligence cases to an investigative stage only, and make claimants rely on private 'no-win no-fee' arrangements thereafter. The proposal was contained in the Legal Services Commission consultation on the future of civil legal aid. AvMA had pointed out that as well as the proposal being wrong in principle, it had a number of practical downsides including the fact it would end up being vastly more expensive to the state than providing legal aid. However, it is not all good news. AvMA chief executive Peter Walsh commented:
"We are grateful that our main argument has been taken on board, but the fact is that it is becoming more and more difficult to qualify for legal aid. We are also disappointed that it is still intended to go ahead with plans to make potential claimants go through the NHS complaints procedure before awarding legal aid. This will be felt by some as yet another barrier to getting justice." For the full statement by David Lammy, the Minister for Legal Aid, click here.

28/02/2005 :  LSC PROPOSALS ON EXPERTS WOULD CREATE 'UNEVEN PLAYING FIELD'

AvMA's response to the LSC consultation on the use of experts argues forcefully against the proposal to cap payments for expert witnesses for legally aided claimants whilst leaving the defence open to commission the best and most expensive experts, which would inevitably deny many claimants justice. There are also serious concerns about the very low fees envisaged which may result in experts giving up this type of work altogether, and the lack of thought that appears to have been given to the particular requirement as of fields such as clinical negligence. The LSC document proposes accreditation of all experts by a body, the Council for Regulation of Forensic  Practitioners, which has no expertise in clinical negligence. AvMA has systems for quality assurance of the experts on its well established medical expert database. For a copy of AvMA's response click here.

21/02/2005 :  RESPONSE TO HEALTHCARE COMMISSION

AvMA's response to the Healthcare Commission consuation 'Assessment for Improvement'   calls for more emphasis to be given to the standard for patient safety which trusts will be monitored against. AvMA is calling for implementation of soon-to-be published guidance on being open and honest with patients and families when things go wrong to be a key criterion on which trusts should be monitored. AvMA also calls for rigorous and independent testing of trusts self-assessments. For a copy of AvMA's response click here.

14/02/2005 :  CALL FOR BETTER PATIENT INVOLVEMENT

AvMA has called for more robust systems of patient and public involvement (PPI) and resolution of the problems faced by the temporary arrangements for provision of Independent Complaints Advocacy Serices (ICAS) in its response to the Department of Health consultation on the future of PPI. The arrangements set out in the legislation which would have limited the damage of losing CHCs in England are not being implemented, it is argued, and there should be a return to the models that had been promised, To see AvMA's response click here.

01/02/2005 :  SPEEDIER ACCESS TO JUSTICE IN WALES

 An initiative of the Welsh Assembly, the Speedy Resolution Scheme, was launched on 1 February 2005, and will offer speedy resolution for patients with “small” clinical negligence claims between £5,000 and £15,000 in value.  Currently, it is difficult to take forward claims of this size at all due to strict eligibility criteria for legal aid and the cost of insurance to cover ‘no-win no-fee’ agreements. Claims that are taken forward through the courts can take two to three years to resolve and can end up costing more in legal costs incurred than is received in damages by successful claimants.

Speaking at the launch of the scheme at the Metropole Hotel, Llandrindod Wells, AvMA’s Chief Executive, Peter Walsh,  said:

“This is a significant step in making things fairer for injured patients. Contrary to popular belief, patients are very reluctant to seek compensation from the NHS unless they have to, and the actual cost of claims to the NHS in Wales went down by £6 million last year. My charity’s involvement has sought to ensure that patients who need and deserve compensation get it, and also that the NHS learns from mistakes to help make things safer for other patients. As well as getting the compensatiuon they deserve, claimants in this scheme should be able to see action plans from the NHS to help prevent the same errors re-occurring."

People who wish to make a claim under the scheme will need to be represented by a solicitor who is an accredited specialist in clinical negligence. For free independent advice about the scheme, or to be put in touch with a suitable solicitor, contact the Action against Medical Accidents helpline on 0845 123 23 52 (all calls at local rate). In  England, the NHS Litigation Authority plan to launch a fast track scheme for small claims later this year.

28/01/2005 :  AvMA DEMANDS MORE THAN 'COSMETIC' REGULATION

Action against Medical Accidents (AvMA), the charity which campaigns for better patient safety and justice for people harmed by medical accidents has welcomed reports launched today by the Department of Health and Healthcare Commission but is calling for urgent action rather than words to address the ‘regulation blindspot’ of cosmetic treatment. AvMA Chief Executive, Peter Walsh, said: “This initiative is welcome but overdue. The area of cosmetic surgery and cosmetic treatment generally is urgently in need of better regulation. It is a medical accident waiting to happen. We welcome the spirit of the reports, but their impact must be more than ‘cosmetic’.”

AvMA has dealt with a number of disturbing cases of botched procedures and of patients being given unrealistic expectations and not being properly advised of the risks of treatment.  People are more reluctant to come forward with complaints because they are embarrassed about having had cosmetic treatment and the results on their appearance. Complaints procedures in the private sector are also inconsistent, less transparent and lacking in robustness and independence.  AvMA is calling for: the Healthcare Commission to fast-track proposals to bring the monitoring of private health care in line with the NHS, to insist on consistent and transparent complaints procedures an to provide an independent review of private sector complaints .

  • accreditation and regulation of health professionals who describe themselves as cosmetic surgeons or specialists of any kind
  • restrictions on the way treatment is advertised to outlaw the ‘selling’ of unrealistic expectations.
  • AvMA is also seeking support for its efforts to establish a specialist patients’ group to promote the pros and cons of cosmetic treatment; independent advice on how to choose the right provider, and support for patients for whom things go wrong.