Start your claim

July 13th 2015

Medical Negligence

Fixed costs for medical negligence cases could deny victims representation they deserve

Simon Wilson

Simon Wilson

Head of Civil Liberties & Inquest Services

Fixed costs for medical negligence cases could deny victims representation they deserve

By Simon Wilson, Senior Solicitor, Hudgell Solicitors

By Simon Wilson, Senior Solicitor, Hudgell Solicitors

As medical negligence experts, first and foremost, in every case we take on, we put the best long-term interests of our clients at the heart of our work, with a focus purely on securing the very best outcome for them.simon

Many of those we represent have suffered serious, life-changing injuries as a result of sub-standard medical care. They are not after a quick compensation settlement. They are looking for some form of justice and help to get their lives back on track.

When clients turn to us at Hudgell Solicitors, it is often at a time of tremendous difficulty in their lives. They look to us, as legal experts, to use all of our knowledge and expertise to provide them with the strongest possible representation.

For us, that means the focus for each and every case is simple.

We do all we can to achieve the very best outcome for our clients. We ensure all relevant investigations are carried out into what went wrong and why, asking the relevant questions and seeking independent expert opinions.

If answers are not forthcoming from defendants, or we feel they are insufficient, at present we are in a position to demand more. To not do so would be a failure to represent our clients to the standards they expert, and deserve.

However, should new proposals to place strict limits on the fees lawyers can claim from medical negligence cases be approved, the ability of our experienced experts to do their jobs properly on behalf of their clients could be seriously affected.

In fact, such law changes could represent a real threat to justice for many victims of medical negligence in the UK.

Let’s be clear, our legal experts don’t want claims to drag on for extended periods of time. The quicker we can settle a claim for our clients in a satisfactory manner, the better. It allows them to begin that difficult process of rebuilding their lives as soon as possible, and for us, it brings increased customer satisfaction.

It has been suggested that the costs need bringing down to always be proportionate to the eventual damages settlement, in cases where claims are below £100,000. However, these cases still involve people who have suffered serious, life-changing injuries.

Whatever changes are made, it is vital that the fees allowed enable a sufficiently experienced lawyer to investigate a claim properly and get the right answer for the injured patient.

It is of course understandable that the Government wants to cut the hefty £259m legal bill associated with medical negligence claims, but it is missing a key issue in these new proposals – the repeated delays in the NHS admitting liability.

Often, in the face of overwhelming evidence showing clear medical negligence, NHS bodies refuse to admit liability, forcing lawyers down the route of seeking further reports and opinions, and perhaps even issuing court proceedings.

This simply results in spiralling costs, all to come to an eventual settlement which could have been reached months, perhaps years earlier.

It is therefore entirely unfair to lay the blame for these costs at the feet of medical negligence lawyers, as Health Minister Ben Gummer has done. The reality is, costs can come down if the NHS admit liability promptly, when it’s appropriate.

Such an approach may also help turn the focus towards learning lessons from mistakes, improving procedures, and hopefully reducing errors across the NHS.

The cost of medical errors should never be measured in pounds and pence. It should be measured on the impact it has on quality of life of people across UK.

That has to be the focus now, and in the future.

 

 

What Our Clients Say

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Excellent service very professional"

Excellent service very professional. Jane did a great job. Loss of earnings rewarded and compensation for a broken hip due to accident at work. Kept us informed at all times made it easier for us to move on from what was suffered. It was very hard having to accept what…

andreaFebruary 27, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Brillant service"

Brillant service , from start to finish definitely recommend hudgells solicitors all the hard work is done for you wouldn’t hesitate to use them again or recommend them

LeannFebruary 21, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Hudgell Solicitors have given me…"

Hudgell Solicitors have given me outstanding service and support through a difficult time. They have assisted me in claiming compensation which they made the journey of getting it as easy as possible.

KatieFebruary 14, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Couldn't be easier"

Couldn't be easier. From the initial call the whole process was handled smoothly and effortlessly.

Kevin RobertFebruary 14, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Amazing !!"

I felt relaxed through the whole process, i was made to feel confident in winning my case which i would like to add i did 😁 .. the company kept me informed all the way through by emails aswell as telephone calls, i would highly recomend to everyone needing expert…

LesleyFebruary 11, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Really happy with the service I had…"

Really happy with the service I had from Hudgells & Alex was great!

Natalie PayneFebruary 10, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Claim resolved quickly and efficiently"

The lawyer was quick to respond and always kept me updated on progress. Everything was resolved efficiently. I would certainly recommend them to family and friends.

Lulu BFebruary 04, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"There when ever I needed to ask a…"

There when ever I needed to ask a question, very informative, brilliant job definitely use them again if I needed too

KatieFebruary 03, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Thank you Sarah Kidd"

Sarah Kidd was fantastic she give me the best advice always keeping me up to date with everything that was going on

Christopher DixonJanuary 31, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"It took over 3 years to resolve my case…"

It took over 3 years to resolve my case and Hudgell supported me throughout with great sensitivity and professionalism. My caseworker, Gemma, always kept me updated and was easily reached if l had questions to ask. Can wholeheartedly recommend Hudgell.

Robert WebsterJanuary 31, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Every time I phoned my call was…"

Every time I phoned my call was answered in a polite manner and I got answers to my questions.

KhalidJanuary 30, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Anthony and his team at Hudgell…"

Anthony and his team at Hudgell solicitors are extremely professional and caring People. From the first phone conversation right through to completion i was always kept updated, if i had any concerns and contacted them, they were always happy to listen and put my mind at rest. I would highly…

Mrs lisa martinJanuary 21, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Excellent service"

Great service . Made me feel at ease . Proffesional and very quick to respond to any questions or concerns I would highly reccomend

LesleyJanuary 21, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Excellent service"

Excellent service

JensonJanuary 21, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Excellent service"

Excellent service, Alex Garven was most helpful in dealing with my claim. Many thanks for his hard work in getting a result for me,. It took quite a while but during that time I received regular progress updates and a quick response if I had any queries .

Jill ElliottJanuary 15, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Lauren Dale"

Lauren Dale was so sensitive when dealing with my mums claim and she totally understood what i really wanted from the outcome. she kept me fully informed of everything, as and when it happened. I cannot thank her enough for her help and understanding on such a sensitive case. 5…

Jane from North YorkshieJanuary 11, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Excellent Service"

Excellent, professional and friendly solicitors. It was a very simple process and they kept in constant contact to update me on any developments. Would definitely recommend.

Philippa January 09, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Could not have been simpler or easier"

Could not have been simpler or easier, they did everything required and more. Nice, pleasant to talk to, they do all the leg work, put everything into context and resolve as quick as possible. Hopefully will not have to use again but if a situation arises then would not hesitate…

DarrenJanuary 08, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Very helpful and always kept in touch…"

Very helpful and always kept in touch via email through the while process. Highly recommended

Joseph Conrad Waudby January 07, 2020