In an era of increasing stress on the NHS, medical malpractice (also known as clinical negligence) cases are on the rise.
In its latest annual report, NHS Resolution reported that in 2021/21, the total of new clinical negligence claims and reported incidents reached 15,078; up 13% on the previous year (13,351).
With awareness around this issue growing, a spotlight has been thrown on medical litigation as a means for victims to seek justice. For claimants, the key to accessing justice often lies with Conditional Fee Agreements (CFAs), commonly known as ‘no win, no fee’ agreements.
Medical malpractice: an escalating issue
Medical malpractice refers to the situation where a healthcare professional negligently fails to provide the expected standard of care, resulting in patient harm. Staff shortages within the NHS have meant that this problem is sadly on the rise, leading to greater need for legal recourse.
The power of conditional fee agreements
Understanding the financial burden that legal proceedings can impose on individual claimants, many law firms offer CFAs in medical malpractice cases. These agreements essentially mean that the law firm carries the risk of the lawsuit, only charging fees if the case is won. Thus, claimants can pursue justice irrespective of their financial situation, making CFAs a key player in the fight against medical malpractice.
Litigation funding: a supporting act
While CFAs have undoubtedly opened up legal recourse to a broader demographic, litigation funding can still play a supportive role in certain situations. Generally, litigation funding is more commonly associated with covering disbursements in clinical negligence cases rather than funding whole cases. This can include costs for expert witnesses, court fees, or other case-related expenses. In these instances, litigation funding can help law firms manage the financial risks associated with taking on medical malpractice cases.
Conclusion
With the escalating trend of medical malpractice, the importance of medical litigation and the pivotal role of CFAs have never been more evident. Equally, the adjunct support of litigation funding for disbursements ensures that the process can move forward smoothly.
Sentry Funding recognises the crucial roles that both CFAs and litigation funding play in these situations. We’re committed to ensuring the necessary resources are available to both claimants and law firms, providing financial support where it is needed most.
In the fight against malpractice, justice should be accessible to all, and through CFAs and the right kind of financial support, it can be.
June 27, 2023
Insights
