Have a question?
033 3772 0409

Housing Solicitors

Government to cap legal costs for medical negligence claims (31 January 2017)

Date: 31/01/2017
Duncan Lewis, Housing Solicitors, Government to cap legal costs for medical negligence claims

The government has announced that it intends to impose a cap on costs legal firms recover in medical negligence cases.

A new, fixed cap on all clinical negligence cases up to £25,000 is intended to prevent rising litigation costs within the NHS.

In a statement, the Department of Health (DWP) said there were numerous examples of lawyers profiting from the NHS by charging more than 80 times the amount awarded to the victims in minor claims.

In one case, lawyers claimed £83,000 in legal costs for a case in which the patient was awarded £1,000 – the DWP said that these costs contributed to a total bill for the NHS of £1.5 billion in financial year 2015-2016.

Currently, there is no limit on legal costs that can be recouped. The government says that costs claimed by some personal injury lawyers take vital funds away from NHS trusts.

It is estimated that the new cap on clinical negligence costs will help the NHS save up to £45m a year.

Health Secretary Jeremy Hunt said:

“It’s important that when significant mistakes happen in the NHS, patients are able to have an open dialogue with a trust about what went wrong, receive reassurance of what is being learnt – and can discuss what form of recompense or redress may be appropriate.

“Legal action should only be one part of this process.

“Unfortunately, what we often see in lower-cost claims is a deeply unfair system, where unscrupulous law firms cream off excessive legal costs that dwarf the actual damages recovered.

“We believe this creates an adversarial culture of litigation, which is inflating insurance premiums and drawing away resource from the NHS at a crucial time.”


Chief Executive at Wrightington, Wigan and Leigh NHS Foundation Trust, Andrew Foster, added:

“The introduction of a fixed, recoverable cost for lower-value claims would support more proportionate payment to claimant lawyers – which, alongside improvements to the system, should make things quicker and better for patients.

“This seems fair and appropriate, recognising this all comes out of the NHS pot.

“Less money spent on legal costs will mean more to put into improved patient care at a local level.”


Duncan Lewis Medical Negligence Solicitors – No win no fee Medical Negligence Claims

Duncan Lewis medical negligence solicitors can advise those who have suffered injury as a result of medical negligence on how to make a no win no fee claim for compensation, including claims involving poor care or the death of a loved one as a result of hospital negligence.

Medical negligence or fatal injury claims have to be made within three years of injury or the death of a loved one. Children can make medical negligence claims up to the age of 21 for injuries sustained below the age of 18.

For expert legal advice on no win no fee Medical Negligence Claims, call Duncan Lewis medical negligence solicitors on 0333 772 0409.


For all Housing related matter contact us now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.