Government to cap lawyers fees in negligence cases
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- Published: Thursday, 22 February 2018 07:48
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The Government is to restrict lawyers by capping the costs that they can recover in clinical negligence cases, following a consultation exercise on their proposals. Ministers will establish a working group to establish how the cap, which would apply to all cases worth less than £25,000, will work in practice, to report in the autumn.
The Times reports that the programme aims to save up to £45 million a year. Legal costs accounted for 37% of the £1.7 billion spent by the NHS on clinical negligence in 2016-17. Lawyers in some cases have charged considerably more than the amount awarded to victims. In one instance, lawyers claimed £83,000 for a case in which the patient was awarded £1,000.
Jeremy Hunt, the health and social care secretary, told the paper: “When things go wrong, we need a system that is just for those who have suffered but also just to other patients, both in terms of making sure we learn from mistakes and also pay legal costs in a proportionate and reasonable way. “However, sometimes we end up paying legal fees that are much, much higher than the actual damages incurred — which may be good for lawyers but is a terrible use of money that could be spent on patient care.” Mr Hunt said that the best way to cut negligence costs was “to reduce patient harm in the first place”.
The working group will have representatives from the Department of Health and Social Care, the Civil Justice Council and the Ministry of Justice. It comes in response to a consultation on introducing the cap last year and was a key recommendation in a review of civil litigation costs by Lord Justice Jackson. Opponents, however, say a cap could make it harder for victims to find legal representation.
Sometimes things don't go to plan because of bilogical complications and individual variation, not anyone's fault so they SHOULD still be able to get medical/dental assistance and such a 'no-fault' scheme is in the public interest overall, surely ???
Certain Lawyers may not like it (especially if they are claiming £83,000 in own fees to get £1000 for a patient in a very tortuous legal way) but it would help more people for less limited funding, constructively.
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