This consultation seeks views on proposals to introduce a system of Fixed Recoverable Costs (FRC) for lower value clinical negligence claims. The FRC scheme will apply across the NHS, not-for-profit and private healthcare providers in England and Wales. It will not apply to Scotland or Northern Ireland.
Read the consultation documents.
We want to hear from patients, their families or carers as well as the legal community, healthcare providers and insurers as part of this consultation.
Introducing FRC is an important part of the government’s programme of work to improve patient care and patient experience, and the efficiency and cost-effectiveness of clinical negligence claims.
According to the NHS Litigation Authority annual report and accounts 2015/16, the annual cost of clinical negligence in the NHS in England has risen from £1.2billion in 2014/15 to £1.5billion in 2015/16. The current system of claims resolution is often lengthy, adversarial and the escalating the costs of litigation is not sustainable.
The FRC scheme will be set out in Civil Procedure Rules. It aims to support:
quicker and more cost effective resolution for all parties
greater opportunities for early learning of lessons from harmful incidents to inform safer clinical practice
access to justice for those claimants bringing clinical negligence claims of a low monetary value, but complex nature
patients’ access to justice by streamlining the system and incentivising earlier resolution of such claims
On 6 April 2017 we published an amended version of the questionnaire
The amends are as follows:
In the ‘Please tell us about yourself’ section we have included the option to select ‘Another type of organisation’ when indicating if you are responding on behalf of an organisation
Q5 on expert witnesses has been updated to include a Yes/No tick box as well as a free text box
Q8 on the draft protocol and rules has been amended to allow respondents to indicate whether they support each of the proposals listed.