The processes and procedures followed when a clinical negligence claim is initiated differ between England and Wales. Concerns have been raised that the Welsh system is resulting in Welsh patients receiving much poorer quality of care, with a higher incidence of clinical negligence being apparent.
One of the difficulties that have been considered about the way in which the Welsh system works is the fact that independent legal advice is only offered to patients, once the NHS has decided that there may be a case to answer and that the case is of sufficient value. In doing this, many patients are discouraged from bringing claims and many of the smaller claims go unrepresented and therefore do not gain sufficient support to put the case forward, correctly. With this in mind, it is recommended that reforms take place within the Welsh system in order to ensure that individuals who feel that they have been the victim of clinical negligence are able to bring claims with relative ease, for assessment and without the NHS placing undue pressure on them to settle those cases which are not perceived as being particularly strong or substantial.
