TMLEP Launches a New Clinical Liability Assessment Service to Support Claimant Law Firms in a Fixed Recoverable Costs Regime

TMLEP Launches a New Clinical Liability Assessment Service to Support Claimant Law Firms in a Fixed Recoverable Costs Regime

In response to growing concerns about maintaining profitability while ensuring access to justice under the new fixed recoverable costs regime, TMLEP has introduced a new service: the “Initial Clinical Liability Assessment Report.”

The Initial Clinical Liability Assessment Report is designed to help claimant firms efficiently triage initial client inquiries and direct subsequent specialist expert reporting pathways.

To utilise this service, TMLEP provides an easy-to-use form for claimant firms, requesting key information about potential claims. This form, developed by TMLEP’s clinical triage team, captures essential clinical details to enhance reporting accuracy.

All instructions are managed by TMLEP’s clinical investigations team, which has extensive expertise in independently investigating healthcare liability matters. This team routinely advises healthcare providers, insurers, and law firms worldwide. When necessary, specialist clinical advice is sought from TMLEP’s network of 2,760 leading clinical members, covering all medical specialties.

Upon completion, TMLEP will deliver a clear, easy-to-read report to clients. This report will outline whether the care provided fell below a reasonable standard and if any harm resulted. Additionally, it will recommend future expert evidence pathways, specifying which specialisms are required to confirm breach of duty and/or causation.

TMLEP can provide all subsequent expert evidence reporting, with member recommendations included in the report.

By utilising this service, TMLEP can assist claimant firms in several ways:

  1. Better case selection: ensuring profitability is not compromised by pursuing unmeritorious matters.
  2. Managing claimant expectations: setting realistic expectations from the outset.
  3. Enhanced specialist review: engaging specialists early in the case.
  4. Avoiding unnecessary ATE claims: preventing engagement on unmeritorious cases.
  5. Cost-effective case evaluation: providing early specialist case evaluation at lower rates compared to in-house assessments, often with higher degrees of specialist advice from TMLEP.
  6. Clear expert evidence pathways: offering a defined route for future expert evidence instructions.
  7. Reduce wasted expert disbursements: as a result of defined expert pathways, this ensures all expert evidence is usable, with nothing wasted pursuing unnecessary lines of enquiry.
  8. Streamlined medical record handling: removing the burden of obtaining medical records until clear signs of negligence are evident. This avoids unnecessary time spent obtaining and initially reviewing records, alongside any cost associated with requesting, paginating, scanning and often posting, unless there is clear benefit in doing so.
  9. Remove reliance on inexperienced staff: with FRC inbound, many firms have suggested moving to a model based on a lower level of experience of staff for day-to-day or early tasks in a cases life cycle - however by adopting TMLEP’s service this ensures all cases receive specialist initial risk assessment.

To discuss this service in more detail, please contact Lisa Jones, Client Relations Director ([email protected]). Alternatively, to instruct the service, please contact Nina Vegad, Lead Healthcare Investigator of TMLEP’s Healthcare Liability Unit ([email protected])