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A new relationship 
for medics and lawyers

Can we work with the medical profession to support injured patients and prevent ?poor practice, asks Ed Fletcher

15 December 2015

Those of us who care passionately about clinical negligence?face a dilemma. We know the current system is heavily flawed, but the proposed change to a fixed fees regime carries with it a number of risks that could further undermine the rights of those injured by poor care and treatment.

However, to paraphrase Charles Darwin, managing change is key to survival, ?and we must seek to use ?the upcoming consultation ?period to do just that, using ?our influence and experience ?to manage this process of evolution.

To that end, how should ?we attempt to shape the new system? What is the manifesto for fair fixed fees?

Carrot and stick

First, incentivise the good and punish the bad. Co-operation and reasonableness are crucial to minimising cost and the new rules need to be designed to embed these behaviours into the process.

Therefore, when claims are settled at the earliest possible opportunity, when full disclosure is provided ...

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