The government is consulting on the introduction of fixed costs for clinical negligence claims up to a value of £250,000. The Law Society is concerned that this could seriously undermine the ability of people harmed by negligent NHS care to receive the specialist legal advice they need in order to obtain the compensation they are entitled to in law.
The Law Society is consulting with solicitors, and with other stakeholders, in order to prepare its formal response when the Department of Health consultation is launched towards the end of the year.
We would like solicitors to assist us in gathering stories which will help to illustrate the impact that the proposed changes could have on those seeking to bring a claim. This will help us raise awareness as to how the changes could limit access to justice for patients who have been harmed by negligent NHS care.
Case studies will help illustrate how important the work of solicitors is in ensuring access to justice and the dangers of creating a system which would push the cost of accessing justice on to claimants, depriving some of legal advice and the full effect of the compensation they deserve.
If you think you have good examples of cases that may help us, please do provide as much detail as you can using the form below. Unless you have your client’s explicit permission to pass on their identification, the cases should be anonymised so that no particular individual or organisation can be identified. If we do include your case study, we will only use it in an anonomyised form and will neither identify the participants nor the source of the information.
You should not feel obliged by this request to make any disclosure which you believe would breach any duty to your client. We very much appreciate your help in publicising concerns about these proposals.