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calendar   Monday - September 10, 2012

compensation culture. the gift that keep on screwing and brits do not thank us for it.

Gee. And to think we couldda sued.

Back in the dark ages when I was around 11 or 12, I ambushed my best friend in school. Little boy high jinks and horseplay. I snuck up and shouted boo or some such kid foolishness, scared the heck out of him and he immediately gave chase, both of us laughing our heads off running down a school corridor. I had books in my right hand and ran full tilt towards one of two doors with my left hand outstretched to open the one closed door.  A couple of other kids were coming in through the open door so I took the closed one never thinking it would have been locked.  Well it was and boy did that hurt. Broke my forearm I did, while my best pal was doubled over in hysterics as he thought it was too funny. I guess it was.

My mom’s reaction was, it served you right, and that was the end of it.

Except for my best friend who never let me forget and every once in a while would start to giggle at weird times which naturally set me off too.

For all that we have today to make our lives better, there is much that’s lacking and making things far more complicated then they need to be.

The article I ran across in the morning Telegraph is one of too many examples that tell me I’m right. Wish it weren’t so.


Compensation culture ‘putting curbs on school trips’

Growing numbers of schools are banning playground games and class trips as “ambulance chasing” solicitors swamp head teachers with compensation claims, according to research.

By Graeme Paton, Education Editor

The education system is being gripped by “excessive risk-aversion” because of concerns that schools will be sued if children are injured, it was claimed.

A study published by the Centre for Policy Studies warned that millions of pounds was being spent by schools and local authorities every year settling legal challenges.

It emerged that one council in Derbyshire was forced to pay £40,000 after a pupil broke a leg on a school trip. A further £30,000 was handed to a family in Cornwall after a pupil off a bench, £25,000 was paid out in Knowsley when a child fell out of a tree, a student in Medway was awarded £13,000 after being hit by a falling goalpost and £14,150 was paid out to a Plymouth pupil when a test tube shattered during a science experiment.

The study said the pay-outs underlined the extent to which the compensation culture was now “ingrained in the national psyche as a warped form of normal behaviour”.

Kent University’s School of Social Policy, Sociology and Social Research, which carried out the study, said litigation was “bleeding the health and education services dry”.

Payouts by the NHS Litigation Authority alone have trebled in the last decade to £911m in 2010/11. The organisation’s potential liabilities now stand at £16.8bn, it emerged.

Professor Frank Furedi, the study’s co-author, said: “The increasing fear of litigation is extremely damaging to the professionalism of doctors, nurses and teachers. It erodes professional autonomy, stifles innovation, leads to defensive practices in both hospitals and schools and encourages greater bureaucracy.

“‘Best practice’ is now defined as having checked all the boxes in a quality assurance form rather than doing what is best for the patient or pupil.”

The report quoted a 2010 study that revealed as many as 10 children a week are securing pay-outs after suing schools and local councils for injuries picked up in classrooms, sports fields and playgrounds. In total, some £2.25m was awarded in just 12 months.

Researchers criticised a rise in the number of “bizarre and costly” claims made against schools.

In Doncaster, a pupil won £3,000 after suffering cuts from rose bushes, £2,500 was handed to a child in Bradford injured while cutting up fruit and in Brighton a £7,000 pay-out was made when a pupil fell through the roof of an air raid shelter after climbing to retrieve a ball.

The study – The Social Cost of Litigation – said that pay-outs have led to “excessive risk-aversion within schools”, particularly at a time of austerity when public money is already being squeezed.

“This has taken the form of banning playground games, or restricting school trips: to the point where some teachers have been taking their pupils on ‘trips’ in the school playground because of litigation fears,” said the report.

Prof Furedi called for new curbs to be placed on the “culture of litigation and litigation avoidance” in Britain.

“We need to look beyond ambulance-chasers and greedy lawyers to the cultural conditions that have allowed litigious sentiments to flourish as common sense,” he said. “In particular, we need to challenge the expectation that professional ‘best practice’ in the public sector should be measured by the absence of complaints or litigation.”

telegraph


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Posted by peiper   United Kingdom  on 09/10/2012 at 05:18 AM   
Filed Under: • Judges-Courts-Lawyers •  
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