Clinical Negligence: Fee Restrictions Would Restrict Justice

Slippery when wet signs

An open letter has been sent to UK regional newspapers, written to educate the public about the cost of investigating clinical negligence claims, and the consequences for injured people if fees were to be fixed. APIL (The Association of Personal Injury Lawyers) is promoting the facts behind recent reports relating to costs for clinical negligence cases.

The letter follows widespread coverage of the Government’s intentions to cap lawyers’ fees so they reflect a percentage of the compensation received by the patient. Some commentary accused claimant representatives of “overcharging the NHS”.

“Worthwhile, but complicated, cases can result in relatively low damages but still require money to investigate,” writes APIL chief executive Deborah Evans. “For example, the level of compensation for a death is shockingly low, and the cost for a lawyer to pursue the claim could outweigh it. If fees were reduced and fixed, these cases might never be able to be pursued or investigated.

How can that possibly be right when a patient or a patient’s family suffers such an injustice? Just because a case costs more to run than the resulting compensation, does not mean that it should never be brought.”

The letter continues to say that; “Compensation does not ‘take money away’ from the health service. Negligence does. The most effective way to save money, and the only fair way for patients, is to reduce claims by cutting the negligence at source….”

At Stone Rowe Brewer LLP our reputation is based on continually exceeding our customer’s expectations and delivering results in a straightforward, honest and open manner.

Our team endeavours to handle personal injury claims with the highest level of professionalism, expertise, dedication and sensitivity, with a goal of ultimately trying to achieve the best possible outcome for our clients.

If you would like to speak to one of our Clinical Negligence experts about your own situation, or would like further information on any of the topics raised in this article, please call Clare Gooch on 020 8891 6141 or e-mail