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‘Pointless’ fixed costs risk patient safety

Posted on 3rd May 2017

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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