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New report suggests preventing patients from full compensation

Access to justice is of paramount importance within our society and should be equal for everyone but more and more we are finding some of the most vulnerable in society being denied that access.

The comments by AvMA chief executive are very much welcomed as our focus has always been on assisting our clients, some of whom are the most vulnerable in society due to the nature of their injuries, and helping them to secure the compensation they need to move forward with their lives.

The suggestion that part of much needed compensation ought to be withheld to limit the cost to the NHS goes against everything we fight for here at Potter Rees Dolan.

The question would be if this was allowed where would it stop? Would victims of clinical negligence be denied compensation for their injuries, their care needs, their loss of earnings? Where claimants are under-compensated they cannot afford to privately fund their care and other needs and become reliant on inadequate state provision.

We have seen time and again those claimants who have had to rely on state provision ending up back in hospital or requiring increased intervention at home. There is no saving to be made here; the NHS ends up paying either through a compensation claim or through state provision. Therefore, the only person who has suffered is the victim and denying them compensation, even if only part of it, denies them the opportunity to have mistakes put right.

Hannah Bottomley is a clinical negligence solicitor with PotterReesDolan. Should you have any queries about the issues raised in this article and wish to speak with Hannah or any other member of the team please contact us on 0161 237 5888.