‘No Win No Fee’ & the NHS

If you have suffered an injury caused by an accident did you know that making a ‘no win no fee’ claim can help save public funds for the NHS?

The Conservatives stated: ‘The NHS has paid out more than £8bn to injured patients in the last five years’. However, this is not based on the correct figures.  The NHS has a reserve of money each year to be used if a claim is successful and this is not taken into account.  Instead the figure quoted is used to make us believe that this money has been used to compensate for injuries instead of being used for other much needed resources.   In any event, if people are suffering from an injury as a result of a surgical negligence or accident within a hospital why should they not make a claim for the compensation that they deserve?  It is reported that two patients a week leave a hospital with surgical instruments still inside them and that on average 6,000 cases against the NHS go to Court per year.

So how is making a ‘no win no fee’ claim helping the NHS?

In the past, the NHS and other organisations responsible for paying out compensation have been against ‘no win no fee’ claims.  They have now however, taken a u-turn and are unable to resist admitting that they are in favour of this route for making a claim despite provoking accusations of double-standards.

Following a number of years losing substantial amounts of money due to fraudulent cases, the NHS are now enlisting the help of ‘no win no fee’ Solicitors to work closely with them to fight the battle and re-coup their money lost due to fraud.

A Conditional Fee Agreement (no win no fee agreement) has helped many people get the justice they deserve when they have been injured through no fault of their own where Legal Aid is no longer available – for example, injuries caused in a road traffic accident.  Their introduction was widely welcomed by the Chief Executive of the NHS Litigation Authority *because it allows the NHS to recover the costs of defended claims – something not possible with Legal Aid.

An increasing number of cases are being taken to Court on a ‘no win no fee’ basis where the Defendant’s insurers pay your Solicitor’s costs when you win.  The Department of Health figures also show that there has been a steep rise in the amount of compensation that Claimants receive and now the NHS cannot deny or resist the efficacy of the service it provides.

*The NHSLA handles negligence claims, resolves disputes, provides advice and works to improve risk management practices in the NHS.