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Clinical negligence solicitors are sadly and, in some cases, tragically, the only option of civil redress for people who have suffered negligence at the hands of medical staff in NHS hospitals.
Invariably, cases of this nature are exceedingly complex and involve a great deal of research and expertise. This complexity is well reflected in the fact that the annual legal fees bill received by the NHS is in excess of £90 million.
Predictably, the NHS Litigation Authority (NHSLA), is quick to blame "no win, no fee" clinical negligence solicitors for this financial burden.
Steve Walker, chief executive of the NHSLA, comments, "Solicitors are not doing anything illegal, but it is pretty unattractive that these fees are being charged.
"There is no reason why they should be vastly different from what we pay our own legal teams, but they are.
"Their argument is that they have a higher mark up because there is a risk they will end up with nothing, but in reality they cherry-pick the cases they are most likely to win."
However, this is an accusation that doesn't wash with one leading clinical negligence solicitor.
He told the BBC, "We do not cherry-pick cases. Of course, we take on the ones we think we can win, but we also take on other ones that are more risky.
"On top of this, cases are becoming more complex.
"People are living longer so working out the arrangements needed to care for people who have been permanently harmed is harder.
"It means we have to spend more time on them consulting with a whole range of financial advisers and medical experts."
Some experts point out that if the NHS were more amenable to settling some cases out of court, the bill could be significantly reduced. And, although 96% of the 8,719 cases brought in 2007 did not reach a courtroom, a significant number of these were settled just before a hearing was due to proceed.
As one Newcastle-based solicitor commented, "I'm surprised trusts aren't more proactive in trying to settle out of court. A solicitor can only react to how a defendant is progressing their claim.
"Costs will escalate. If they [trusts] settle a week before the trial, then costs are going to be sky high. They need to sit round the table and talk earlier."
Clinical negligence solicitors who deliver 100 percent compensation
Here at YouClaim the work of our solicitors is entirely governed by the Solicitors Regulation Authority, a branch of the Law Society.
If you believe that you have suffered substandard or negligent care at the hands of a medical professional, regardless of whether it was in a private or public hospital or clinic, we will be able to help you establish whether you have a strong case for compensation.
Once we have done so, and if you decide to proceed, we can appoint you the clinical negligence solicitor who is best suited to your case.
We explain everything in plain English and ensure that you are aware of any possible costs in advance. In a won case, all such costs are reimbursable, and our 100 percent compensation promise ensures we never take a cut from the award of any successful client.
If you wish to contact an advisor online, fill out a claim form or log into echat.
Alternatively, speak to one now by calling 0800 10 757 95.
