10/09/2004

Tories' war on wastage focuses on clinical negligence

The Tories pre-election war on wastage and red tape continued today after the Opposition published its plans for reducing the burden of clinical negligence on the taxpayer.

Launched a consultation exercise on clinical negligence, Shadow Health Minister John Baron said that if the party wins the next election, the role of legal aid should be "limited in medical negligence cases, reducing the rising cash burden being borne by the taxpayer".

The senior Tory frontbencher claimed that the annual cost to the NHS of clinical negligence had already "reached an unprecedented £446 million a year", while the legal and administrative costs often exceed the money paid out to the victim.

The present system is associated with problems of expense, delay and modest success rate, while there is a perception that access to justice is limited, Mr Baron said.

He added: "This needs to be addressed and corrected. To this end, our central proposal is concerned with the funding of litigation. Legal aid should be limited to the investigation of cases and the conditional fee system should be used for litigation. Liability will continue to be based on negligence principles. Parties will be encouraged to resolve disputes informally but the courts will be available as a last resort."

Mr Baron concluded saying that the proposals would involve only minimal changes to the law but would guarantee broadened access to justice and commercial prudence in the legal process.

(gmcg)

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