How can rehabilitation be better incorporated into clinical negligence claims?

Rehabilitation is increasingly being accessed by those who have unfortunately suffered personal injury in an accident. The services available to injured people are becoming more widely used and both Claimant and Defendant Solicitors are now working more collaboratively in order to ensure that an injured person has the best possible outcome in terms of rehabilitation. This is underpinned by the Rehabilitation Code, an invaluable tool which allows Defendants to fund rehabilitation early on, even in circumstances where liability investigations are on-going, and ensures that the injured person has the best possible chance of recovery or where recovery is not possible, has the best possible management of their injuries.

However, while the Rehabilitation Code applies to Personal Injury claims, it does not extend to Clinical Negligence. It is widely accepted that early intervention by way of rehabilitation is key to ensuring long term recovery and progress, however, it is very rare for a Claimant who has suffered injury as a result of Clinical Negligence to access any form of rehabilitation during the litigation process. As a result, where early intervention is crucial for recovery, Claimant's are unfortunately missing out during the small window for treatment, resulting in them having to wait until the claim is settled in order to fund necessary treatment.

The recent update on the consultation regarding fixed costs in Clinical Negligence cases unfortunately fails to consider whether there is scope for rehabilitation in such Clinical Negligence cases. While it is the case that Clinical Negligence claims are commonly disputed on the grounds of either (or both) Breach and Causation, surely, there is some scope for incorporating rehabilitation in to clinical negligence, especially given that such cases can take around 2 years to settle successfully.

At Ramsdens, our Clinical Negligence team has a wealth of experience handling complex Clinical Negligence claims. Our team is passionate about ensuring that our Client's receive the best possible outcome. Our team is supportive of taking steps to work toward a better procedure that incorporates rehabilitation and in the meantime continues to take steps to settle cases promptly and on the best possible terms for our clients.

If you would like to discuss a potential Clinical Negligence claim, please contact our team on 0800 804 450, email info@ramsdens.co.uk or fill in our online enquiry form and they will be happy to discuss.