The former CEO of the NHS Litigation Authority (NHSLA) has contributed to the debate about capping claimant solicitors’ fees in relation to clinical negligence cases in an article published in The Law Gazette (21 August 2015).
Catherine Dixon suggests that the focus should be on reducing negligent care within the NHS rather than on the specialist practitioners who dedicate their careers to supporting harmed patients. She acknowledges the need for specialist solicitors to properly represent claimants, and expresses concern that claimants will be denied access to appropriate advice if solicitors are not able to recover a fair level of legal costs.
Last year the NHS Litigation Authority (NHSLA) spent £1.1billion on clinical negligence claims; almost half of that sum arises from obstetric claims largely related to brain-damaged children that require support for the rest of their lives.
The Department of Health is undertaking a consultation before the end of the year on proposals to contain the rising costs of clinical negligence claims which include introducing fixed fees for claims up to the value of £250k, and capping the fees paid to expert witnesses.
There is much debate within the legal industry and amongst other commentators about whether these proposals will restrict access to justice for those that have suffered life changing injuries as a result of clinical negligence. There are also widely held concerns that whilst the NHSLA considers the costs for lower value claims to be excessive, the NHS could reduce costs significantly by accepting liability for mistakes in clear-cut cases more quickly, thus massively reducing both claimant and defendant costs and ensuring that the injured party and their family can move on with their lives rather than be locked into lengthy litigation.
Source articles: The Law Gazette, 21 August 2015; Daily Telegraph, 11 July 2015
