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MPS calls for fixed legal fees for small claims against GPs

Post date: 18/05/2015 | Time to read article: 1 mins

The information within this article was correct at the time of publishing. Last updated 14/11/2018


MPS has made the call amid concerns that the current system sometimes forces GPs to pay claimants more to cover their legal costs than they have been awarded in damages upon conclusion of a trial.

MPS is calling on the next government to prioritise reform of the legal system to drive down the cost of clinical negligence.

We believe that introducing fixed costs for small value claims and a reform of the rules relating to claimants’ expert reports will make clinical negligence more affordable.

Dr Rob Hendry, Medical Director at MPS, said: “It is not unusual for us to see legal costs far exceed patient compensation in small value claims – this is simply not right. We want to see fixed costs for small value claims to ensure that legal costs do not dwarf compensation payments, and the money spent on patient care instead.

"Our analysis of claims shows that GPs are more likely to be sued now than ever before and a full-time UK GP is expected to be twice as likely to receive a claim from their work this year as they were just seven years ago. It is important that when an avoidable incident occurs, the patient receives compensation, but we need to ensure the system is more affordable."

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Please note: Medical Protection does not maintain this article and therefore the advice given may be incorrect or out of date, and may not constitute a definitive or complete statement of the legal, regulatory and/or clinical environment. MPS accepts no responsibility for the accuracy or completeness of the advice given, in particular where the legal, regulatory and/or clinical environment has changed. Articles are not intended to constitute advice in any specific situation, and if you are a member you should contact Medical Protection for tailored advice. All implied warranties and conditions are excluded, to the maximum extent permitted by law.

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