NHS pilot feels the blues

Accident claims: top solicitor casts doubt on ability of medical scheme to assess costs

A pilot scheme aimed at settling small medical accident claims out of court within six months will cause headaches for the lawyers involved, a leading solicitor who is taking part in the project has predicted.The pilot, announced this week, will apply to claims worth 15,000 or less, and is a joint venture between the NHS Litigation Authority (NHSLA) and Resolve, the resolution service for medical accidents.Firms involved include Scrivenger Seabrook, Irwin Mitchell, Boyes Turner, Gadsby Wicks, Thompsons, Cunningham John, Blake Lapthorn, and Russell Jones & Walker.Solicitors in the scheme, which will involve at least 100 cases, will do ten hours' work for a capped fee of 1,500, which will cover assessing the merits of the claim and deciding a figure for damages.

Resolve will make initial evaluations of merits and damages, with NHSLA having the final say.

Action for Victims of Medical Accidents will provide help and advice to all claimants.Rosamund Rhodes-Kemp, head of clinical negligence at Russell Jones & Walker, said that while the pilot was 'worth a go to see how it pans out', she would have preferred the scheme to focus only on cases worth 10,000 or less.

She predicted trouble in getting experts to comply with the tight timetables, and difficulty in assessing the value of claims at the beginning.

This could lead to premature referrals to Resolve, she said.But David Marshall, treasurer of the Association of Personal Injury Lawyers, welcomed the pilot.

'There is a difficulty with smaller claims regarding the proportionality of costs and values.'Paula Rohan