NHS: Negligence

Ministry of Justice written question – answered on 21st December 2017.

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Photo of Lord Colwyn Lord Colwyn Conservative

To ask Her Majesty's Government whether they intend to increase the small claims track threshold for clinical negligence cases in medical and dental practice.

Photo of Lord Keen of Elie Lord Keen of Elie The Advocate-General for Scotland, Lords Spokesperson (Ministry of Justice)

The Government announced on 23 February 2017 that it intends to increase the small claims track limit for personal injury claims from £1,000 to £5,000 for road traffic accident related claims, and to £2,000 for all other personal injury claims (including clinical negligence). These reforms will be taken forward through secondary legislation.

These planned increases are part of a package of reforms, other elements of which will be taken forward in the Civil Liability Bill which the Government announced in the Queen’s Speech. Details of these reforms were set out in the Government’s response to the ‘Reforming the Soft Tissue Injury (‘whiplash’) Claims Process consultation - https://consult.justice.gov.uk/digital-communications/reforming-soft-tissue-injury-claims.

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