What are fixed costs in clinical negligence claims, and why you should act now
16th Apr 2025
Author: Greg Porter
If you or a loved one have suffered medical negligence, you may be considering making a claim. However, proposed changes to the way in which claims are funded could make it harder for claimants to receive fair compensation.
The Conservative Government had proposed introducing fixed costs for clinical negligence claims valued between £1,501 and £25,000. While these changes have yet to be implemented by the Labour Government, they could come into effect at any time.
At Butcher & Barlow, we are encouraging anyone considering a clinical negligence claim to act now before these changes take place. Greg Porter, Head of Dispute Resolution, explains why.
What are fixed recoverable costs?
Currently, if a clinical negligence claim worth more than £1,500 is successful, the Defendant – such as an NHS Trust or private healthcare provider usually covers the majority of the legal costs of the Claimant.
However, under the proposed reforms:
- Claimants would only be able to recover a fixed amount of legal fees, regardless of the complexity of the case.
- Clients may need to cover more of their own legal costs if these fixed fees do not fully cover the necessary work.
- Some claims may no longer be viable, particularly those of a modest value requiring multiple expert reports or extensive investigation.
While the reforms are intended to streamline lower-value claims, they could make it more difficult for patients to pursue claims, particularly in cases where negligence is serious but compensation falls under the £25,000 threshold.
Why should you act now?
Although the changes have yet to be introduced, they remain a possibility. If implemented, these reforms could impact the financial viability of claims and the legal support available to patients.
We strongly advise anyone considering a claim to start the process sooner rather than later. Taking action now ensures
- Access to expert legal representation without the restrictions of fixed costs.
- The ability to fully investigate your case, gathering the evidence needed to prove negligence.
- A fair chance to secure the compensation you deserve, without potential cost limitations.
How Butcher & Barlow can help
The introduction of fixed recoverable costs for lower-value clinical negligence claims represents a significant shift in the legal landscape. Individuals considering a clinical negligence claim should stay informed about these developments and seek legal advice to understand how these changes might impact their individual circumstances.
Our expert Clinical Negligence Team is here to guide you through the claims process, ensuring you receive the justice and compensation you deserve.
We offer:
- A no-obligation initial consultation to assess your claim.
- Clear, no-obligation legal advice on your options.
- A commitment to fighting for the best possible outcome for you.
If you have been affected by medical negligence, do not wait – get in touch with our team today.
Greg Porter can be contacted on 01606 47523 or e-mailed at gporter@butcher-barlow.co.uk
The information in this article was correct at the time of publication. The information is for general guidance only. Laws and regulations may change, and the applicability of legal principles can vary based on individual circumstances. Therefore, this content should not be construed as legal advice. We recommend that you consult with a qualified legal professional to obtain advice tailored to your specific situation. For personalised guidance, please contact us directly.