Government Consultation on Fixed Recovery Costs in Clinical Injury Cases Closes (Tues 2nd May)

A Government consultation regarding proposals to cap legal fees in Clinical Injury cases involving damages of up to £25K, closes today.

Charities, patient safety groups and the Society of Clinical Injury Lawyers are jointly calling on the Secretary of State for Health to reconsider the proposals in the current consultation.

Steve Webber, Chairman of the Society of Clinical Lawyers has warned in a statement that the proposals will destroy the current system of providing compensation for patients who have suffered through no fault of their own and whose serious needs would require funding.

There is a genuine fear that 80% of legal firms will pull out of the industry, leaving a vacuum to be filled by non-specialist Claims Management Companies.

There is also grave concern that the proposals and this approach wrongly assumes that lower value claims cannot also be among the most serious.

Under this new capping system cases like those involving breast surgeon Ian Paterson and the scandal at the Mid Staffs hospital would not happen and not only would the victims be denied justice but the NHS would be less likely to be held to account and they would lose the opportunity to learn lessons and improve safety.

Tony Hall, Head of Clinical Negligence and Personal Injury at Alsters Kelley LLP says, “Like many other firms we are extremely concerned about these proposals, 10,000’s of cases will be taken out of the system as they will no longer be viable and we believe the Government does not understand the nature of Clinical Negligence cases which are totally different to Personal Injury and whiplash claims.” Tony is an Executive Committee Member of the Society of Clinical Negligence Lawyers as well as being a Member of the Law Society Clinical Negligence Panel and on the referral panel of solicitors of Action Against Medical Accidents.

If you need any help or advice about a Clinical Negligence claim, including any matters relating to Ian Paterson then please email Tony Hall at tony.hall@alsterskelley.com.