The government should consider alternatives to reducing the NHS’s bill before imposing a costs cap, argues Greg Smith

What are the similarities between the 2015 proposals for fixed recoverable costs in clinical negligence claims and the updated 2017 version? Certainly not the level at which the cap kicks in, which has yo-yoed from £100,000 to £250,000 and now down to £25,000. Sadly, the consistent themes are patchy premises and an unfair narrative.

The policy-based argument – most recently set out in the Department of Health’s ‘Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims’ consultation – is that something must be wrong with the current system, as costs can often be larger sums than recovered damages.


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