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Dental Protection and Dental Defence Union responds to government consultation on clinical negligence fee cap

2 mins read Communication
​Dental Protection has welcomed a Department of Health and Social Care consultation on proposals to limit the legal costs that can be recovered by claimant lawyers for lower value clinical negligence claims, but believes more could be done to ensure such a scheme benefits dentistry.

The proposals aim to tackle the “increasing and disproportionate legal fees” through the introduction of fixed recoverable costs and a new streamlined process for claims up to the value of £25,000 in England and Wales. The cost of clinical negligence claims to the NHS rose to £2.2bn in 2020/21 with legal costs accounting for 27 per cent of that bill.

Whilst Dental Protection has welcomed the consultation in principle, the leading indemnifier has said it will call on the government to ensure the proposals have a meaningful and positive impact for dentistry– including considering whether cases up to the value of £250,000 could be included in a fixed recoverable costs scheme.

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