Personal injury solicitors this week cautiously welcomed government proposals to streamline lower-value clinical negligence claims, but have warned that access to justice will be compromised if proper funding and legal advice are not factored in.

The NHS Redress Bill, launched last week, proposes that injured patients with cases worth £20,000 or less should no longer have to go to court but should work their way through a process run by the National Health Service Litigation Authority (NHSLA).


Clinical negligence cases cost the NHS £503 million in 2004-05 - with small claims accounting for about 10% of all clinical negligence payouts each year - although that is still less than 1% of annual NHS expenditure. Health minister Jane Kennedy insisted the Bill was not motivated by a desire to cut costs, but was looking to move away from long and complicated processes and to provide solutions - such as explanations and apologies - when something goes wrong.


'The Bill means fairness for patients, not fees for lawyers,' she said. 'It is an important step in preventing a US-style litigation culture.'


The NHSLA will be responsible for the scheme and managing the financial compensation. Chief executive Steve Walker said: 'The scheme should enable us to deliver access to justice even faster and more economically in the future.'


Anne Winyard, a partner at London law firm Leigh Day & Co, backed the idea of enabling patients to avoid lengthy and stressful litigation where possible. But she added: 'It is important for people to have access to paid-for legal advice when the offer is made, and that they are not deprived of the opportunity to litigate where there is no alternative.' She also argued that compensation must exclude costs.


A spokeswoman for the Association of Personal Injury Lawyers said: 'We will be looking to ensure the scheme provides injured patients with full and fair redress, and acts to reduce the number of adverse incidents within the system.'