It takes two years or more for 42% of medical negligence cases to settle or for damages to be awarded by the courts, research by the Association of Personal Injury Lawyers has revealed. The figures were obtained from the Compensation Recovery Unit, through a freedom of information request.
MedCo has started to show its teeth, suspending medical reporting organisations (MROs) for failing to provide proof of the required financial bond, and warning law firms for breaches of its user agreement, Legal Futures can reveal.
The Civil Justice Council working party on damages-based agreements has fallen short of calling for hybrid agreements to be allowed, but told the government that if it wants to ban their use, “then it owes it to the legal marketplace to make that entirely plain”. But it did recommend that recoverable costs should be excluded from DBA caps.
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Failure in appropriate cases to advise on the suitability and availability of after-the-event insurance and third-party funding will amount to professional misconduct and may amount to professional negligence, as this case study explains.