The NHS has previously been critical of the no win, no fee culture
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The NHS is facing accusations of double standards today after turning to no win, no fee legal representation, despite being notoriously critical of the practice.
In previous years, the health service has levelled complaints at the no win, no fee culture, claiming it has led to a rise in costs incurred in medical negligence cases.
But the NHS Counter Fraud Service in England and Wales appears to have taken a u-turn after reaching a deal with a law firm to recover money lost to fraud.
Half of the medical negligence cases now dealt with by the NHS are brought on a no win, no fee basis whereby lawyers only get paid if they win the case.
But taking such a risk means an increase in payment rates, which has led to accusations they have tried to entice patients into legal action.
Nonetheless, the Fraud Service believes the agreement with law firm, Capsticks, will help the NHS recoup money by providing expert advice and representation at a reduced rate.
About £6m a year is returned to the NHS following legal action against fraudsters – although the true value of the crime is much higher.
Head of operations at the Fraud Service, Allan Carter, said the service was unlikely to change its view on the no win, no fee practice. But he added there was no point ignoring a route that may, in the case of fraud, benefit the NHS.
‘We want to help get more funds back into the health service and I think this agreement will help us do that.’
Nevertheless, the move was met with some surprise, despite the potential benefits it promises.
Joyce Robins, of Patient Concern, said,’They have a right to do it, but I find the attitude quite amusing when they have been so against it. I think there is a case of double standards here.’
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