Medical negligence victims to have compensation sped up

Legal costs will be capped in smaller medical negligence claims to help victims get justice and compensation more quickly.

The changes, set to come into force in April 2024, see limits being placed on how much lawyers receive from lower damage clinical negligence claims.

During the past 16 years legal costs have risen four-fold for claims of up to £25,000. The amount spent by the NHS on clinical negligence claims has also risen from £0.6 billion to £2.6 billion despite the number of claims not increasing.

This has led to legal costs being on average double of what the person harmed might get.

To resolve this, the government is introducing fixed legal fees, which will save the NHS millions and speed up the legal process, meaning victims receive compensation much more quickly.  

The minister for health, Maria Caulfield, said: “We want a fairer system for victims of clinical negligence which provides speedier justice while also protecting NHS and taxpayer funding.

“By introducing fixed recoverable costs for clinical negligence claims of £25,000 or below, we’re ensuring a better balance between costs and compensation.”