Edward Garnier – 2016 Parliamentary Question to the Department of Health
The below Parliamentary question was asked by Edward Garnier on 2016-01-05.
To ask the Secretary of State for Health, what assessment he has made of the implications for his policy on proposed fixed recoverable costs in clinical negligence cases of concerns expressed in a letter to him of 9 November 2015 from Action against Medical Accidents, Sands, National Voices, Meningitis Now and the Birth Trauma Association.
Ben Gummer
The Department is currently preparing to go out to public consultation on the introduction of fixed recoverable costs (FRCs) for clinical negligence claims as originally proposed by Lord Woolf and Lord Justice Jackson in 1996 and 2009 respectively. The Department undertook a pre-consultation process in late 2015 and obtained feedback from a range of respondents. Since the pre-consultation, the Department has been working to assess how concerns raised can be addressed and reflected in the formal consultation.
Respondents to the pre-consultation exercise in August confirmed that there is no exact correlation between value and complexity of clinical negligence claims. The consultation will include consideration of the maximum value of claims that will be covered by the FRC regime, whether there should be any exemptions; and thedate and method of implementation. The consultation is also looking at how behaviours can change to streamline and speed up the way in which clinical negligence claims are processed through the legal system. We, therefore, do not agree with the suggestion in the 9 November letter to delay the consultation whilst a review takes place.
