ADDING INSULT TO INJURY

November 13th 2013

One of the UK’s leading medical negligence lawyers, John Hall of Tilly Bailey & Irvine Solicitors, has reacted strongly to recent remarks made by Margaret Hodge, chair of the Commons’ Public Accounts Committee in connection to the legal fees associated with patient claims relating to the catalogue of mistreatment cases at Mid Staffs Hospital. 

Hodge suggested patients’ families who had made claims for negligence at the Stafford hospital had been exploited by greedy law firms that had charged excessive fees.

Whilst the figures are quite surprising - £35 million secured by 5 practices acting for Mid Staffs claimants - the comments do not take into consideration the part played by the NHS Trust and their defence lawyers via the National Health Service Litigation Authority (NHSLA).  The NHSLA provides the cover to hospitals in England and through a panel of selected law firms reviews and helps to process patient claims.

John Hall has over 37 years’ experience as a solicitor specialising in personal, medical injury and negligence cases.  He said; “This is typical of an overly simplistic analysis of what was a tragic state of affairs at a failing hospital.  Our sympathies lie with the families and patients involved.  As we are not directly involved with any of these cases, I can provide an objective perspective on the issue of fees.  Suggestions that law firms have charged £900 an hour on matters are hard to believe.  Each of these cases will have the costs on both sides carefully analysed and if it’s considered that the claimant lawyers are ‘overcharging’ they will be re-evaluated and set by a judge to a fair and reasonable rate.”

John continued to explain why the costs appear to have escalated.  “I see the fault here lying squarely with the NHSLA.  Whilst it’s all too easy to make sweepingly negative comments about ‘ambulance chasing lawyers’, the defence teams are the ones who can determine the speed and often scale of settlement.  These cases are truly very sad, as are many of the medical matters we deal with.  For our part we work to resolve claims quickly to ensure our clients are not left out of pocket or stressed for long periods, however we are not always able to convince the Trusts or NHSLA and cases can and do take years to settle.  The primary reason for costs being high in a lot of cases is the failure by the Trust to admit liability at an early stage.  As a result thousands of pounds of unnecessary costs are incurred in dealing with the issue.”

John confirmed: “Tilly Bailey & Irvine does not chase ambulances.  As with any firm of solicitors, we are a strongly regulated business offering a very high level of service for our clients.  There are practices within the industry that could be improved but that’s true of any sector.  The suggestion that law firms involved in medical negligence cases are all greedy, unethical and charging excessively for their services is simply not true.  The fact is denial of liability by Trusts when faced with very strong evidence of negligence is the single most common cause of cost escalation.  Our objective is to work to settle matters as swiftly as possible whilst obtaining the best possible outcome for our clients.

“Our advice to anyone who feels they may have cause for complaint or claim regarding their medical treatment is to speak to the hospital in the first instance. They will have a complaints procedure to follow and only if the outcome of that process fails to satisfy the patient would we suggest they take independent legal advice.  When seeking such advice we would suggest looking for a qualified, experienced solicitor with a track record of success in the area in which the patient had an issue.”

John Hall is Managing Partner and Head of Clinical Negligence at leading law firm Tilly Bailey & Irvine.  For further information contact John Hall or Victoria Cornfield – 01429 264101

Tilly Bailey & Irvine Solicitors is the Tees Valley’s largest full service law firm with offices in Hartlepool, Wynyard Park, Stockton on Tees and Barnard Castle.  For further advice, contact Tilly Bailey & Irvine Solicitors on 0800 052 6824 or see www.tbilaw.co.uk