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The Changing Landscape of Clinical Negligence Litigation in England: Fixed Recoverable Costs and No-Fault Compensation

Opinion
October 3, 2023

Introduction

If you or a loved one have suffered from clinical negligence in England, you may be facing a rapidly evolving legal landscape. In recent years, there has been a significant shift in how clinical negligence cases are handled, primarily due to the introduction of fixed recoverable costs. Additionally, the possibility of a no-fault compensation scheme looms on the horizon. In this blog post, we’ll explore these changes and their potential impact on prospective clients for English solicitors specialising in medical negligence.

Fixed Recoverable Costs: An Overview

Fixed recoverable costs, often referred to as “FRC,” were introduced in England & Wales on 1st October 2023 to streamline the legal process and make it more cost-effective. This system sets a predetermined limit on the legal costs that can be recovered by the winning party in a clinical negligence case. While FRC aims to make litigation more predictable and efficient, it has raised concerns among claimants.

Impact on Clients

Prospective clients should be aware that fixed recoverable costs could mean they are asked to contribute more towards their legal services. In the past, solicitors handling clinical negligence cases could recover their fees from the losing party, allowing clients to pursue their claims without the financial burden of legal costs. With FRC in place, clients may need to cover a larger portion of these costs themselves, which can be a daunting prospect for many. Not every firm will be charging the same amount and so it pays to ask the right question so you find the correct solicitor for you.

Less Compensation Under a No-Fault Scheme

While no-fault compensation schemes are not yet implemented in England, they are being considered as a potential solution to reduce the burden on the National Health Service (NHS). In such a system, patients injured due to clinical negligence would receive compensation regardless of whether a healthcare provider was at fault. While this may seem like a more straightforward process for claimants, it’s important to note that compensation amounts are typically lower than what could be awarded through traditional litigation.

This is why Hodge Jones & Allen were proud to support the combined appeal by Action against Medial Accidents’ and the Society of Clinical Injury Lawyers’ to raise funds for expert evidence on the impact of a no fault compensation scheme on claimants at the launch of Geoffrey Simpson-Scott’s ‘A Practical Approach to Clinical Negligence’ (3rd Edition) on 21st September 2023.

The Trade-Off

Policy-makers should carefully consider the trade-off between fixed recoverable costs and a potential no-fault compensation scheme. With FRC, claimants may bear a greater financial responsibility for their legal services but could potentially secure higher compensation if their case is successful. On the other hand, a no-fault scheme could provide more straightforward access to compensation but likely at a reduced amount leaving victims of medical negligence unable to properly fund the care, treatment and rehabilitation they require.

Navigating the Changing Landscape

The evolving landscape of clinical negligence litigation in England calls for a nuanced approach when seeking legal representation. It’s crucial for prospective clients to work with solicitors who specialise in medical negligence and are well-versed in the intricacies of FRC and potential no-fault schemes. An experienced solicitor can help clients weigh the pros and cons, ensuring they make informed decisions about pursuing their claims.

Conclusion

The introduction of fixed recoverable costs and the possibility of a no-fault compensation scheme in England have brought significant changes to clinical negligence litigation. Prospective clients must carefully consider the financial implications of FRC and the potential trade-off between higher compensation through litigation and the ease of access provided by a no-fault scheme.

If you or a loved one have experienced clinical negligence, seeking expert legal guidance is essential. Contacting a specialised medical negligence solicitor will ensure that you navigate these changes effectively and make informed decisions about your case. Your path to justice may be evolving, but with the right support, you can still seek the compensation you deserve. 

To speak to one of our medical negligence solicitors please call 0808 271 9413 or request a call back online.

Further Reading

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Being involved in a road traffic accident can leave you with physical injuries, as well as mental health issues and worries. You may be entitled to claim compensation and receive rehabilitation. Our team are available for a free initial consultation about your case.

Serious & Complex Injuries

We know that serious and complex injuries can lead to injuries that can change lives. Our specialist team can help and guide you through the process of making a claim and take away some worries from what is already a difficult time in your life.

Slips & Trips Claims

At Hodge Jones & Allen, our experienced and knowledgeable personal injury lawyers are here to help. Whether the slip or trip was an accident at work, in a shop or on the pavement, we have the expertise to help you get the compensation you’re entitled to.

Spinal Injury Claims

We understand the impact a spinal injury will have on almost every aspect of day-to day-life, from additional care, support, aids, equipment and accommodation. We will assist and support an injured person in adapting to the changes and challenges faced.

Sports Injury Claims

If you’ve suffered a sports-related injury within the last three years due to an incident that could have been prevented, you may be eligible to claim for financial compensation. Our expert personal injury lawyers can help you.

Whiplash Claims
Can I Claim For An Accident After 3 Years?

There are exceptions when the three-year limit does not apply in specific circumstances. Our personal injury experts will be able to guide you.

How Much Is My Claim Worth?

At Hodge Jones & Allen, we know that receiving damages after making a compensation claim won’t change what happened, but it can help you to move forward. It can relieve some financial pressures that you may be facing after your accident and give you the monetary reward you’re entitled to.

Personal Injury Compensation Calculator

Try our interactive personal injury compensation calculator to see how compensation much you may be able to claim for your injury.

Boundary Disputes

We understand that the boundary of your property is important, and it should be protected. If someone is intruding on your land, you should act quickly. Our expert team will help provide the legal advice and protection that you need.

Japanese Knotweed Disputes

If your property has been affected by Japanese knotweed our specialist property dispute solicitors can assist you if you need to make a legal claim against your neighbour.

Jointly Owned Property

Disputes can be distressing, especially if you’re close to the other party. Our dedicated legal team will support you to work towards all parties receiving the best possible outcome.

Leasehold Disputes

Leasehold legal disputes can often be stressful to deal with. Our leasehold dispute team will help bring about resolution as quickly as possible.

Nuisance & Negligence

Disputes with your neighbours are often distressing. You’ll want to resolve your issues as smoothly as possible and our team will help defuse the situation, and deal with the nuisance on your behalf.

Planning Appeals

We know that when your planning permission has been rejected this can feel extremely frustrating. Our specialist property lawyers will advise you on your rights and on how best to challenge decisions.

Residential Property Possession Proceedings

It can be very confusing, as a landlord, knowing when and how you can take back the possession of your property, which you’ve been renting out. Our team are experienced in guiding you through this process, and ensuring you’re protected in the future.

Restrictive Covenants on Your Land

When you’ve purchased land, and there are restrictions on the use of it, our property law experts will help negotiate a release or make amendments to the agreement. We understand this can seem complicated, that’s why we’ll be there to advise you every step of the way.

Claims and Injuries

Whatever you're dealing with, our team is on hand 24/7 to find a solution that works for you and your personal needs.

Asbestos & Mesothelioma Compensation

We understand about exposure to asbestos and potential life-long hazards it can present. We can help with your legal claim and make a difference to your life.

Dispute Mediation Services

Our team of trained mediators and collaborative lawyers are available to help you. Mediation is a way of sorting out differences and disputes that have arisen from a commercial relationship or personal situation.

Financial Crime & Regulatory

We fight for fairness for those who may be dealing with allegations of a financial crime, covering everything from fraud to tax investigations.

General Crime

If you have been arrested, it’s important you get the legal help and representation you need at the police station and during the different legal stages that may follow.

Housing Help

You're never alone when handling housing disputes. Our team of experts are on hand to guide you through a range of housing-related claims and issues, from antisocial behaviour to homelessness.

Housing Disrepair

Everyone deserves to live in a safe home. If your landlord has failed to tackle issues such as damp, mould, leaks or structural issues, our team of housing experts are here to help.

Medical Negligence

If you have been a victim of medical negligence, we can help you get answers, gain any further care, treatment and rehabilitation needed and help you fight for the compensation you deserve.

Military Hearing Loss Claims and Compensation

If you've served in the military (or are currently serving) and are facing hearing loss challenges, our team of experienced military injury solicitors are dedicated to assisting you in obtaining compensation for Noise-Induced Hearing Loss.

Personal Injury

If you need help claiming for an injury, accident or illness we're here to get you back on track and provide guidance during this stressful time.

Residential Property Disputes

Get in touch with our team of property lawyers who'll fight your corner on everything from boundary disputes to leasehold issues, ensuring an agreement is made that works for you.

HJA Financial Management Services

A new complementary financial service offered by Hodge Jones & Allen.