Claimant clinical negligence lawyers are always being criticised in the press for bringing actions against the NHS and racking up costs.
However, what seems to be less well reported is the lengths that Defendant Trusts will go to fight a case to the end, despite ample opportunity to have settled earlier. Pattinson & Brewer have recently acted for a Claimant in a case where damages had been agreed and only liability was in dispute. There was a clear disparity between the costs incurred in bringing the action and the actual level of damages that had been agreed. Repeated attempts were made to settle the case, both prior to trial and during, all of which were rejected. After a 3 day trial in the High Court, the Claimant was successful in proving liability and was awarded damages in the agreed amount.
It is hard to justify the actions of Defendant Trusts and those acting for them in defending cases to the very end where early settlement would have achieved the same result, without unnecessary costs being incurred by either side.
Submitted by Arti Shah
