Funding Options

The cost of obtaining general practitioner and hospital records is dependent on the volume. The Data Protection Act prescribes a maximum fee of £50.00 but in many cases it is necessary to obtain records from several hospitals, so the total cost is dependent on a number of sources of health records.

Solicitors calculate their fees on the basis of an hourly rate, typically £110 to £160 excluding VAT.

Medical experts reports usually cost between £400 and £800 depending on the medical discipline, the volume of records and the issues the expert has to consider.

The cost of investigating a claim to the point where allegations and evidence can be set out in the pre action protocol letter will usually be between £1,200 and £2,400 including Solicitors fees, experts fees and the cost of obtaining health records.

These costs are recoverable if the defendant accepts responsibility and a settlement is subsequently negotiated. The NHS Litigation Authority's declared policy is to ensure that the right amount of compensation is promptly paid for the right claim. The majority of cases should settle at, or before the stage at which the Defendant replies to a Claimant's letter of claim. Only a tiny percentage of medical claims ever reach the door of the Court.

Should it be necessary to proceed to a trial a detailed calculation of the cost involved will be made.

The main funding options are:

• Legal Aid = 40% of the population are financially eligible
• Insurance = Your home or other policy might provide cover
• Conditional Fee Arrangement = The so called "no win no fee" option.
• Private

Most Solicitors will only consider a Conditional Fee arrangement after an initial investigation results in a favourable medical experts report being obtained. This is because a careful assessment of the chances of success can usually only be determined once such a report has been obtained.