Clinical negligence is an emotive subject. In 2002 the revelation that organs were removed from thousands of dead children’s bodies without parental consent over a period of seven years at Alder Hey Hospital sparked outrage.
The subsequent furor had far-reaching implications for medical law, the ramifications of which are still being felt as the Government debates whether an opt-out system should replace the opt-in one that currently governs the UK organ donor framework.
While legislation has been introduced to tighten up laws around organ donation, it remains a sensitive area that attracts claims. For the medical profession, legislation has given some clarification, but it has also had the unwanted knock-on effect of driving down the willingness of people to donate.
This Clinical Negligence Special Report analyses the Alder Hey controversy and argues in favour of capping costs in litigation to stop fees spiraling.