Clinical negligence practitioners have hit back at claims they are fuelling a‘compensation culture’ by charging too much, after it emerged that the NHS’s bill for patients’ lawyers has more than doubled in the last four years.
The NHS paid out £90.7m in costs to claimant solicitors in clinical negligence cases concluded in England during 2007/08, up from £40.9 million in 2003/04. However, the number of claims brought has remained at around 6,000 each year, the NHS Litigation Authority (NHSLA) has revealed.
NHSLA chief executive Steve Walker blamed the hike on increased use of conditional fee arrangements (CFAs) – which allows claimant solicitors to double their fee in successful cases – and the decline in cases funded by legal aid.
Jonathan Fieldon, chairman of the British Medical Association’s consultants committee, criticised some solicitors who, he claimed, viewed these cases as financially attractive and fuelled a compensation culture. He said claimant lawyers should do more to keep their costs down.
Paul Rumley, partner at south-west firm Withy King, denied solicitors were fostering a compensation culture and claimed the NHS/NHSLA failed to engage in settlement discussions at an early stage and so had themselves driven up costs.
Amanda Stevens, president of the Association of Personal Injury Lawyers, said: ‘They are barking up the wrong tree blaming solicitors, and should look at their own risk management and avoiding claims by improving practice.’
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