The Government has proposed a new regime in medical negligence cases whereby the costs recoverable by a successful Claimant will be limited to fixed costs in claims worth up to and including £100,000.
What this means is that in cases involving a patient suffering injury at the hands of a negligent private healthcare provider or NHS Trust the costs incurred by the Claimant’s solicitor (which are usually much higher than the fixed costs limits, but typically covered by a ‘no win-no fee’ agreement) will not be paid by the Defendant.
The proposal has been widely criticised and it will doubtless lead to a situation where Defendants are encouraged to deny allegations at the outset of a claim, leaving Claimants no choice but to carry out often lengthy (and costly) investigations in the early stages of a claim.
The Defendant will be well aware of the fact that the Claimant cannot recover the costs of his or her solicitor carrying our these tasks and any delay in the progression of the claim (and any potential damages payment) is of course to the benefit of the Defendant and/or their insurer.
What will no doubt happen in many cases is that cases which would otherwise have been pursued, will be discontinued owing simply to the fact that they are not economic to run.
If you have suffered injuries at the hands of a medical professional and would like to call to discuss your options in respect of making a claim, contact Levi Solicitors Professional Negligence Solicitors in Leeds, Bradford, Wakefield,Manchester and London on 0113 2449931 or click here to request a call back.