Laws Accident Claims
Fast Track Clinical Negligence Pilot Under Consideration

Its full speed ahead with yet further reforms of civil litigation with the revelation in this week’s Law Society Gazette that the NHS Litigation Authority are working with Claimant Lawyers on a scheme to fast-track clinical negligence cases.

Whilst there are no details yet released as to what is being proposed, we do know that they’re looking at the current low-value road traffic accident claims process that is viewed as being of some success.

Medical negligence claims can be notoriously complex cases to run and I’ll wait to see what is being proposed before giving judgment. However, it does appear at first glance that the proposed fast track process will only be available to cases that satisfy specific conditions i.e. generally that causation is not an issue and there are no long-term sequelae.

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NHSLA considers clinical negligence pilot

John Hyde

Claimant lawyers and the NHS Litigation Authority are working on a joint scheme for fast-tracking clinical negligence cases.

The two groups will meet next month to examine a pilot for dealing with cases valued up to £25,000.

The cases would mainly involve claims where the claimant’s injury can be easily proven and will not deteriorate over time, meaning the potential compensation award can be decided at an earlier stage.

The pilot could start as early as next April and would be similar to the existing claims portal in place for low-value road traffic accident claims.

Terry Donovan, a partner at City firm Kingsley Napley and coordinator of the Association of Personal Injury Lawyers clinical negligence group, said the scheme could be beneficial to clients if certain issues can be ironed out.

‘We are cautiously optimistic, although the upper limit of £25,000 is higher than we would like,’ he said.

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