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‘Well maybe there should be a better way to deal with clin neg cases? That’s £75k costs should be spent on patients.’

What do you suggest? An apology with no financial compensation? In the gravest of cases, claimants have life-long care needs that amount to £100,000s. If negligence is found, then the NHS should pay for those past and future needs regardless of its status and place in the public heart. If you are referring to solicitors’ profit costs then there are credible arguments for both fixed costs and traditional assessed costs; however, if fixed costs are the answer then they will need to be significantly more generous than those allowed under CPR 45 for RTA, EL, PL and Food Poisoning because clinical negligence cases are usually more labour-intensive. I would be cautious about assuming that reform to this sector will remedy the NHS’s financial woes; indeed, the chronic underfunding of the institution is probably a significant contributor to negligence on the part of medical practitioners.

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