This article is published as part of Capsticks’ Medical Malpractice Forward View 2022.

The government is opening a consultation on fixed recoverable costs in low value clinical negligence claims. For many years it has been said that costs in such cases become disproportionate to damages being awarded. The proposed scheme does not prevent parties pursuing claims in the courts if agreement cannot be reached although it aims to avoid litigation, as well as for a rapid exchange of evidence for faster agreement on liability, causation and quantum. Claims would be assigned either to a light track or standard track according to their complexity. Two resolution stages would be built in: a ‘stocktake’ meeting between parties and a neutral evaluation by a barrister to resolve as many cases as possible. Costs would be limited to £6,000 for standard track claims plus 20% of damages agreed. For claims in the so-called ‘light’ track, proposed recoverable costs are no more than £1,500 plus 10% of damages.

Claimant representatives have argued that the proposals would stop patients securing the representation and compensation they deserve while some defendants feel the proposals do not go far enough. Whoever is right, what seems almost inevitable is that some change in this long standing problem of how to deal proportionately with low value claims will occur. The consultation on the proposals closes on 24 April and Capsticks will be working with the Forum of Insurance Lawyers (FOIL) on a response.

Medical Malpractice Forward View 2022 

This article is part of Capsticks’ Medical Malpractice Forward View 2022. 

Read the other articles featured in this publication below: 

• Spotlight on two liability decisions to watch out for in 2022
• Fixed recoverable costs in low value clinical negligence claims are on the horizon
• Concussion injury in elite sport will remain in the headlines
• Inquests: failures of care during the pandemic may be scrutinised more closely, but ‘following the science’ will likely continue to be the dominant theme on causation
• Procedures and policies, including national policy decisions, will be central to the defence of Covid-related claims
• The latest on the Covid-19 Public Inquiry
• Learning from the Paterson Inquiry: new legislation on regulation, co-operation between regulators and more
• The rollout of technology to support the delivery of care will continue apace, with data security coming into ever sharper focus
• There is likely to be an increase in the number of clinical trials
• Safety of medicines and medical devices will come under closer scrutiny

Get in touch

Aiming to be the firm of choice for medical malpractice insurers and healthcare providers, we advise and support on all aspect of medical malpractice claims and inquests. 

To discuss how any of these issues may affect your organisation, please get in touch with Majid Hassan, Sarah Bryant or Ed Mellor.