Proposed Removal of Legal Aid for Medical Negligence Cases in England and Wales

Proposed Removal of Legal Aid for Medical Negligence Cases in England and Wales

Under the present scheme for Public Funding (legal aid), those claimants who seek compensation for personal injury as the result of negligent clinical treatment provided by NHS or private hospitals are entitled to Public Funding to cover the legal costs of those claims provided they are financially eligible and if their case has a reasonable prospect of success, and fulfils the public benefits test.

Under a consultation paper published by the Ministry of Justice on 15 November 2010, it has been proposed to abolish public funding for all clinical negligence cases.

In formulating this view, the Ministry of Justice accepts that clinical negligence cases are often very important, particularly where the claimant has suffered severe injuries and is seeking compensation to meet their needs in the future. However, it does not consider that spending public money on pursuing these claims is justified because there are 'viable alternative sources of funding'.

The viable alternative sources of funding to which the Ministry of Justice consultation paper refers are in the main the Conditional Fee, known as No Win No Fee Agreements.

This will mean that children, seriously injured claimants and some of the most vulnerable members of society will now need to find solicitors who are prepared to take on some of the most complex and demanding professional negligence litigation on a No Win No Fee basis. This will also include a commercial insurer who will be prepared to enter into an After The Event insurance policy to insure against the individual claimant's risk of having to pay the defence costs and their own experts' fees in the event that the claims are unsuccessful.

Many children therefore who suffer a catastrophic brain injury at the time of their birth, as a result of negligent medical treatment, will no longer be able to obtain legal aid to pursue claims for compensation for their future needs. Whilst the Ministry of Justice has considered this particular category of cases, its view is that not a high enough proportion of them take place to justify retaining public funding for clinical negligence claims as a whole.

Clinical negligence cases arise because of negligent medical care provided by treating clinicians who cause injury, often catastrophic, or sometimes even death to patients. Clinical negligence litigation is symptomatic of poor quality medical treatment not the cause of the claim. One might suggest therefore that the Ministry of Justice proposal is an attempt to treat the symptom without putting in place safeguards to protect the patient.

If the Ministry of Justice proposals are adopted then many claimants will find it impossible or extremely difficult, to find solicitors to take their cases. Anyone considering a claim, particularly a claim on behalf of a child, should contact a specialist clinical negligence solicitor sooner rather than later.

POST COMMENT

Card debt settlement - how to legally avoid paying back credit debt in full Legal ecstacy The many myths along with specifics Legally Eliminate Unsecured Debt - How to Get Debt Help Now Freelance invoice template: A legal document What You Legally Can And Cannot Dui During A Dui Investigation How To Legally Eliminate Credit Card Debt Before the Debt Collectors Call Are Your Debts Keeping You Awake? Erase Your Debt Legally and For Good Arizona Premier Realty allows illegal aliens to occupy vacant properties Legalised Mugger Ban How You Can Legally Reduce Your Thanks Card Debt - For Those That Are Exhausted From Working Chicago Workers Compensation Claims - Your Legal Right How headed for Eliminate Merit Card Debt Legally as well as Easily - Even If You Are $10,000 Or More in Debt Some Useful Tips To Manage Personal Finance And Legal Formalities For Organizations