Clinical Negligence

Trusted Clinical Negligence Legal Costs Specialists

Our nationwide team of dedicated legal costs specialists are carefully selected for their understanding of clinical negligence claims, costs expertise, commercial acumen, and exceptional negotiation skills. We achieve outstanding results through rigorous training, continuous knowledge sharing, and a proactive approach to managing and resolving clinical negligence costs disputes. We collectively have a huge amount of experience of a wide variety of clinical negligence cases, from birth injury claims of maximum severity that settle (on a fully capitalised basis) for many millions of pounds, down to claims for the misdiagnosis of a broken finger.

Our Experience in Clinical Negligence Costs Management

Our specialists have extensive, hands-on experience in managing costs across various types of clinical negligence claims. We handle complex and financially sensitive cases with precision, ensuring maximised recoverability and efficient resolution.

Cancer Misdiagnosis Claims

We provide meticulous cost budgeting and negotiation expertise for cancer misdiagnosis claims, streamlining the process as far as possible for rapid resolution and maximum cost recovery.

Cancer Misdiagnosis Claims

We provide meticulous cost budgeting and negotiation expertise for cancer misdiagnosis claims, streamlining the process as far as possible for rapid resolution and maximum cost recovery.

Neurological Negligence Claims

We understand the intricacies of  claims involving substantial future care costs, offering detailed costs drafting and precise negotiation tactics to optimise financial outcomes.

Urology, Orthopaedic & Dental Negligence Claims

We manage urology, orthopaedic, and dental negligence claims with clear, efficient cost strategies. Our understanding of their procedural and diagnostic nature allows us to deliver timely, cost-effective solutions.

Understanding Legal Costs in Clinical Negligence Claims

Clinical negligence claims involve complex issues due to their specialised nature and substantial financial implications, which impact on the claim for costs and any costs management during the claim itself. Our experts provide guidance on:

  • Hourly Rates & Reasonable Costs: Ensuring charges are proportionate and reasonable and advising in the context of both costs management and the underlying “seven pillars of wisdom”.
  • Disbursements: Advising on likely recovery and tracking down disbursements that may be missing from your file (within reason)
  • Proportionality, Delegation &  Budget Monitoring: Helping you to stay within budget and making suggestions as to how the remaining money could go further
  • Budget revision: Identifying significant developments in cases and seeking to revise budgets where it appears reasonable to do so. 

Benefits of Our Clinical Negligence Cost Management Service

By partnering with us, clients experience:

  • Maximised recoverable costs through strategic budgeting (where the Claimant is not a child) and negotiation.
  • Reduced risk with streamlined dispute resolution processes, including ADR.
  • Expert handling of the issues in the costs claim 
  • Timely dispute resolution, enhancing cash flow and reducing lock-up, available via our TTL+ product.

Working with Partner Associations

We collaborate closely with respected industry organisations, including Action Against Medical Accidents (AvMA), for whom we are a Platinum Sponsor. This partnership enriches our approach, ensuring we stay at the forefront of clinical negligence costs management.

Frequently Asked Questions (FAQS)

How are clinical negligence costs calculated?
Clinical negligence costs are calculated based on the solicitor’s hourly rate, necessary expenses, and the overall complexity and value of the case, which feeds into the assessment of both the hourly rates and the time reasonably and proportionately taken.

What expenses can be recovered?
Anything reasonably and proportionately required to progress the claim! Recoverable disbursements typically include the costs of medical expert reports, barristers’ fees, court fees, medical records fees, and other necessary disbursements directly related to progressing the claim.

How do success fees work?
Success fees compensate solicitors for the risk of “no win, no fee” cases. They are payable from damages awarded, capped at 25% of the claimant’s general damages and past losses, as well as being capped to a percentage of profit costs (up to 100% in accordance with the risk assessment conducted at the outset)

What is QOCS protection?
Qualified One-way Costs Shifting (QOCS) protects claimants from paying defendants’ legal costs if their claim is unsuccessful, and limits the amount payable, up to the level of damages, in cases that are not wholly successful. However, this protection can be lost under specific circumstances, such as unfortunate cases of fundamental dishonesty, and has been diluted in recent years to allow the a Claimant’s costs to be offset as well as damages.

For tailored advice or to discuss your specific needs, contact our expert team today. 

 

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