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Medical Negligence

‘Pointless’ fixed costs risk patient safety

3rd May 2017 - Solicitors Journal

The Department of Health’s proposals to fix recoverable costs in low-value clinical negligence cases are ‘pointless’, draconian, and endanger patients, solicitors said ahead of the consultation’s closing date.

The consultation, which closes today, 2 May, proposes a fixed cap on the legal fees that can be charged for cases up to the value of £25,000 in England and Wales, which could result in £45m of savings to the NHS a year, according to the plan’s backers.

However, claimant lawyers argue that the proposals are flawed as they are based on inaccurate cost estimates, ‘fanciful’ time analysis, and the false premise that lower-value claims are less complex.

Clinical Negligence partner Agata Usewicz comments…

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The consultation on fixed recoverable costs in lower value clinical negligence claims ignores the role of the NHSLA, says Agata Usewicz

24th February 2017 - New Law Journal

The timing of the Department of Health’s long-awaited consultation Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims raised more than a few eyebrows when it was launched at the end of January, not least because the consultation will open and close before the National Audit Office’s (NAO) investigation into the operations and efficiencies of the NHS Litigation Authority (NHSLA) will report its findings.

Agata Usewicz is a Head of Medical Negligence Team.

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