A new approach to lower value clinical negligence claims

There have been plans in the pipeline for some time for a new scheme for processing clinical negligence claims where the settlement or judgment is likely to be between £1,501 but no more than £25,000. The main objective is to enable the claims to be resolved more quickly and cost-effectively. At present the new regime is due to come into force in October 2024 although it is possible that the new Government will delay its introduction.

The idea is that patients bringing a claim and the NHS will benefit because the scheme will provide “access to justice at a proportionate cost”.
The new system is due to apply to all clinical negligence claims (save for some exceptions) within the specified financial range, whether they are against the NHS or non- NHS providers. It will be a two-track system, light and standard, with the track used being determined by whether or not the individual or organisation has admitted that they were wholly or partly at fault. The recoverable legal costs will be different for each track.

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Anyone bringing a claim will be expected to disclose their medical records, provide up to two witness statements, expert evidence, details of their losses and supporting documents as well as a breakdown of the settlement amount they are seeking in the letter of claim to the other side. The individual or organisation defending the claim then has six months to respond, otherwise the claim will drop out of the scheme.

If a claim does not settle, there is going to be a requirement for a mandatory stocktake and encouragement to undertake a ‘neutral evaluation’ before court proceedings can be started. The scheme proposes costs penalties designed to deter people from going ahead with claims in court unless they are sure that they will achieve a greater settlement sum by a judge and cost penalties to parties from failing to meet time frames set and to claimants for not providing enough evidence.

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Any system that proposes to deliver a faster result for injured clients is welcome but the person bringing a claim still needs to be able to prove that someone else was liable for their injury. This involves reports from experts as well as witness statements and receipts for losses. The cost of gathering, assessing, and advising on the prospects of a clinical negligence claim and then submitting a letter of claim is often complex and time consuming. The legal cost of conducting that work is largely the same regardless of the level of compensation but the level of fixed costs in the scheme to do the work is going to be low.

The inevitable impact of this is that the number of legal firms willing to accept low value clinical negligence claims will continue to reduce.
At Fraser Dawbarns, we will continue to offer client services for injury claims of all kinds. Should you wish to discuss a potential claim, we would be happy to meet you at any of our offices at King’s Lynn, Downham Market, Ely, Wisbech or March to see how we can help. You can also ring your nearest office at:

Wisbech: 01945 461456

March: 01354 602880

King’s Lynn: 01553 666600

Ely: 01353 383483
Downham Market: 01366 383171

This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances.  Fraser Dawbarns LLP are always happy to provide such advice.