There should be exemptions from fixed fees for many claims that are too complex or attract relatively low damages but are none the less important e.g. claims brought by elderly patients; claims for stillbirth, or other fatal claims.
But fees aside, those who represent injured patients have some other important concerns. Some cases are simply not suitable for fixed recoverable costs; for example because they are too complex, or because although they are important cases, they tend to have relatively low damages. The biggest cases in financial terms are those where a patient is left facing huge costs for future care. That is why claims on behalf of babies who have suffered negligent treatment during birth - and may face a lifetime of around the clock care, for example - are where the NHS spends the most in damages. But there are many other important cases where damages will be a lot lower, but it is still vital that claims can be brought, and negligent care can be held to account.