Your recent article reporting on the increased number of medical negligence claims in 2010 is interesting, but the Medical Defence Union reaches a highly speculative conclusion.

The MDU offers no firm evidence for its suggestion that ‘no win, no fee’ arrangements are behind the increase in medical negligence claims reported in 2010.

In addition, the MDU accepts that difficult economic conditions may in fact be the primary cause of what must currently be regarded as an anomalous increase in claims in a context of stability.

After all, the 2010 Report and Accounts of the National Health Service Litigation Authority demonstrated a clear downward trend over the previous five years in total damages awarded in clinical claims.

It is extremely worrying that this type of litigation is viewed in a particularly negative light, and all the more curious that the cause of the problem is perceived to be individuals who suffer negligent treatment and their legal representatives, rather than those at fault.

There is no doubt in our minds that someone who has suffered an accident will find life much tougher if ‘no win, no fee’ agreements are lost: ultimately it will hinder their ability to seek fair and reasonable access to justice.

Nigel Muers-Raby, Chairman, Consumer Justice Alliance