Fixed Recoverable Costs: The Fight Continues
The fight against the introduction of fixed recoverable costs in clinical negligence goes on with an article in The Times, highlighting the concerns of many of the families affected by the Shrewsbury & Telford maternity scandal.
In essence, these families believe that their suffering may not have been brought to light had fixed recoverable costs already been in place for this complex and sensitive area of the law.
What's the issue?
The idea of fixed recoverable costs, already in place for road traffic accident claims, is to limit the amount of money which a solicitor can recover from the Defendant for the work they have carried out in order to bring about a successful claim. Unfortunately, clinical negligence cases are invariably extremely complex, requiring the time and expertise of specialist lawyers. The thorough investigation of a claim can take a considerable amount of time, especially where fault is denied. If fixed recoverable costs are introduced into this crucial area of law, touching on fundamental issues of patient safety, it is feared that specialist solicitors will not take on low value claims (up to £25,000 in compensation), believing that they will not be able to recover their costs.
What Is 'Low value'?
Of course, a claim which is low in financial value is not necessarily low in its significance to the Claimant, and the victims of negligent maternity care, such as parents who have lost a baby due to substandard medical care, are a very good example.
The desire for justice, a need for recognition of the medical failings which have devastated a family's life and the hope of preventing similar failings in the future may drive a claim without which the sufferings of individuals and families may never come to light.
With the support of The Society of Clinical Injury Lawyers (SCIL), 28 families affected by the Shrewsbury and Telford Hospitals maternity scandal have signed an open letter to the government's Secretary of State for Health and Social Care, arguing that the Fixed Recoverable Costs proposals are 'dangerous, potentially denying people like us access to justice and to the answers we have needed to alert parents across the UK.'
SCIL is proposing an alternative to the Fixed Recoverable Costs proposals, which puts a focus on patient safety and learning from mistakes, whilst endeavouring to streamline the process and offer opportunities for early settlement.
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