The government’s proposals do not take into account the most complex cases, those involving bereavement, or the delaying tactics of the NHSLA, writes Bhavesh Patel
The health secretary, Jeremy Hunt, recently announced the details of the fixed costs regime for clinical negligence cases, which would be mandatory for all claims worth up to £25,000 in compensation. The consultation paper puts forward the following fee options:
A fixed recoverable amount, irrespective of settlement value, which would depend on the stage at which the claim was settled. Trial fees are in addition to these figures and a 10 per cent reduction is proposed for early admission of liability within a defined period; or
A lower fixed recoverable sum but an additional amount calculated as a percentage of the final damages awarded.
The consultation paper states that the annual cost of clinical negl...