James Cleverly, MP for Braintree, recently paid a visit to visit Holmes & Hills Solicitors in Braintree, to discuss issues relating to proposed changes in legislation for medical negligence claims. The MP learned that many victims would be denied access to justice under the Government’s new Fixed Recoverable Costs (FRC) proposals.
The Department of Health is proposing strict limits on legal costs in medical negligence claim cases worth less than £250,000. Chris Livingston, Clinical Negligence lawyer and Partner of Holmes & Hills Solicitors said:
“Low value cases do not necessarily mean they require less work, a great deal of time is spent investigating these claims. Lawyer’s fees are already tightly controlled; lawyers will simply be unable to take on low value claims due to the restrictions on costs. Those who have suffered serious injuries or even bereavements due to the negligence of the NHS or private providers could be left without any means of claiming compensation.
Many victims would be denied access to justice, in particular, cases involving elderly patients and fatal clinical negligence claims where loss of earnings is relatively low - the key factor when calculating compensation.”
The introduction of Fixed Recoverable Costs (FRC) in clinical negligence cases is planned for 1 October 2016; however, there is still no date for launch of a formal consultation.
Jason Brady, Co-Head of the Clinical Negligence team at Holmes & Hills Solicitors said:
“There has not been time for a thorough consultation on the implications and practicalities of a fixed costs system. The proposals demonstrate a lack of understanding about how clinical negligence cases are actually run. It is extremely difficult for firms to make plans with this proposal on the horizon, which has a direct impact in recruitment and could have an adverse effect on staffing; just like any other businesses, we cannot operate without profit.”
With 5 offices across Essex and Suffolk, Holmes & Hills Solicitors employs over 100 staff in a variety of roles, many of whom live locally and have worked for the company for many years.
James Cleverly MP for Braintree praised the long established law firm for providing first class specialist legal advice to local residents and businesses. He also recognised the firm as a significant employer in the area.
In response to Holmes & Hills' concerns. James realised that the proposals do not help tackle the on-going problems behind the increase of medical accidents. James commented:
“I was interested to learn of their work and since this meeting have written to the both the Department of Health and Department of Justice to outline my concerns over the timescale for the proposed consultation and the date of the implementation of fixed costs. I have also raised the question of whether it may be more appropriate for the Department of Justice to oversee such a consultation, as opposed to the Department of Health. “
A Mackman Group collaboration - market research by Mackman Research | website design by Mackman
