Clinical Negligence Costs – Greener Costs
Clinical Negligence Claims
Clinical negligence claims are a complex and time-consuming area of law that come around due to a person believing they have received poor or below standard medical care from a health professional that has ultimately resulted in physical pain or personal injury.
Medical negligence claims understandably require an in-depth investigation and also a strong amount of proof that the actions taken were incorrect and/or subpar.
Clinical negligence claims utilise ‘The Bolam Test’, in which a range of healthcare professionals undertake a peer review of the case and the defendant’s actions to assess whether they would have acted in a similar way.
Clinical Negligence Costs
Due to the extent of investigations needed in clinical negligence cases, costs can be significant, and so utilising the expertise of a clinical negligence costs expert will prove highly beneficial to you and your case to ensure you are able to claim the maximum amount of costs possible.
Generally speaking, if you win a clinical negligence case, the NHS or private trust you were with should pay your legal costs as well as damages.
It’s worth noting that the NHS Resolution now has a scheme called the Clinical Negligence Scheme for Trusts, where NHS organisations voluntarily pay into a fund to cover the costs of any such claims.
Clinical Negligence Fixed Costs
In recent proceedings, The Ministry of Justice and the Department of Health and Social Care have suggested the introduction of fixed recoverable costs for Clinical Negligence claims. This has primarily been suggested to enable both claimants and defendants to come to a resolution much faster on ‘lower value’ claims of up to £25,000.
This new scheme would constitute a new streamlined process for claims and encourage faster agreements whilst including a mandatory neutral evaluation by a specialist professional. Ultimately the scheme reduces that amount of legal costs that a clinical negligence solicitor would be able to claim back. The process therefore would only affect the claimant’s lawyer and the costs they can claim back, not the amount of money that can be awarded to the claimant.
The main purpose of this scheme is to reduce overall costs incurred within clinical negligence claims, due to the NHS stating that they have concerns about the rising costs of such claims. Concerns have been raised regarding the scheme, with worries that it could lead to the compromise of patient safety and put law firms out of business due to the restrictions on how much they can claim back for a case.
With many clinical negligence claims presenting a long and complex process of investigation it could also restrict access to justice as solicitors won’t have as much time to complete their discovery due to the costs restrictions
Why Choose Greener Costs?
At Greener Costs we have worked on a range of clinical negligence costs cases and have successfully advised and assisted our clients to ensure they receive the maximum recovery amount. The expertise possessed by our team means we are well-equipped to maximise your costs recovery.
Due to the nature of clinical negligence claims, costs claims can be significant and can take some time to pass, especially if things are contested by the paying party.
At Greener Costs we endeavour to be extremely time-efficient and aim to get costs recovered as soon as possible during each step of the process.
Instructing our specialist team of costs lawyers and costs draftsmen at the start of the clinical negligence case you are working on ensures that we can provide you with the most relevant and appropriate advice surrounding your costing. This can include the structure of your retainer to the most appropriate hourly rate charges that will be recoverable during the assessment of your case costs.
Our specialist legal professionals can then continue to assist you throughout the case, with special care taken surrounding preparing your costs budget. If prepared in the correct way, the costs budget can maximise your recovery on assessment and should enable you to claim back up to 100% of your costs.
How Can Greener Costs assist?
Our team of costs lawyers and costs draftsmen possess many years of experience surrounding costs drafting, costs recovery and negotiation. Whether you are the paying or receiving party, we are equipped to assist clients from all backgrounds on a wide range of cases. Our team at Greener Costs can be with you every step of the way during your case, from the start of the dispute to representation at a detailed assessment hearing and court cases.
We can assist law firms throughout England and Wales through the use of our remote law costing services. Our clients find increased efficiency through the use of our remote service as it provides a pragmatic approach to costing, reducing the time it would take to scan and send an abundance of files. Due to this, we can ensure quick turnaround agreements, which under most circumstances can be much more efficient than clients completing the work themselves in-house.
At Greener Costs, we are actively doing everything we can to ensure our business benefits the environment. We are doing this through carbon offsetting of our staff, becoming completely paperless and carbon offsetting through each instruction.
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