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Clinical Negligence (CN) Where are we now?

We are now over a year ‘Post Jackson’, what is the effect on the CN market?

Not good I’m afraid.  Every day we hear of new problems with healthcare provision in this country so the need for legal recourse remains as strong as ever and the perverse effects of the new regime are becoming much clearer.  Potentially the most pernicious effect is that of not being able to obtain legal representation as solicitors cannot afford to take on some of the smaller claims.

The problem with CN is that even small cases can be very complex both from a medical and legal point of view.  With proportionality now to the fore, these cases are becoming harder to run with certainty, however legally meritorious.  The rules are being strictly enforced (some say too strictly), costs are being kept on a very tight rein, proportionality has risen in importance.  Consequently signing up new clients has become a long drawn out process.  Whilst some of the insurance premium is recoverable, claimants, want and indeed need to know how much they will have to pay, and the cost v. benefit equation is not always an easy question to answer at the outset.

Where do we go from here?

The AvMA conference Brighton Metropole June 27 & 28

As many of you will know the charity Action against Medical Accidents (AvMA) campaigns for patient safety and justice.  They have noticed that those with smaller claims are finding it increasingly difficult to secure representation.  We continue to work closely with our solicitor clients and insurance partners to find solutions in terms of ATE insurance and funding.  We will be exhibiting at AvMA’s Brighton conference so please come and find us if you are there and let us know your thoughts.