Ian Austin – 2016 Parliamentary Question to the Department of Health

The below Parliamentary question was asked by Ian Austin on 2016-02-08.

To ask the Secretary of State for Health, what assessment he has made of the potential effect on (a) overall levels of available compensation and (b) confidence in the NHS of fixed recoverable costs in clinical negligence cases for patients who are (i) over the age of 60 and (ii) female.

Ben Gummer

The Department has established a working group to look at the impact of the proposal on equalities, health inequalities and families. The consultation stage assessment for the introduction of fixed recoverable costs for clinical negligence is work in progress and we will seek views on the impact of the policy on equalities, health inequalities and families within the consultation. We can confirm that age and gender, along with the other protected characteristics named within the Equality Act 2010, will be considered. The policy is not seeking to reduce the amount of damages but to reduce the levels of recoverable legal costs and to make claimant legal costs more proportionate to damages and defence costs.