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Harder To Claim Medical Negligence Compensation?

Will law reforms make life harder for medical negligence victims?

After appearing unwilling to become embroiled in political debate, the Law Society has finally taken a stance on the Government’s proposals to remove half a million cases a year from entitlement to Legal Aid. While the coalition argues that funding for cases of divorce, child maintenance, clinical negligence and welfare cases should be cut, the Law Society has stated they believe that; “the government’s proposals amount to a fundamental reshaping of the legal aid scheme, with many areas of law where services are provided to the most vulnerable being completely removed from scope.”

Access to justice

The arguments of the Law Society centre on their belief that; “one of the basic pillars of our legal system is supposed to be that the law is accessible to all, not just those who can afford it.” The coalition is proposing to withdraw around £350million from the government’s legal budget, which would effectively remove access to justice for around half a million people. The Law Society, however, believes that the actual figure of those unable to launch legal claims would be far higher, totalling around 650,000.

Kenneth Clarke’s proposed reforms to the ‘no win, no fee’ system has also come in for criticism. Mark Stobbs, the Law Society’s director of legal policy claims that these reforms would discourage lawyers from taking up public litigation cases. He believes that there would be little room for claimants to dispute unfair settlements, as there would further liability costs to be paid for. The Society’s policy adviser, Martin Heskins, supports Mr Stobbs’ claims, saying; “the government doesn’t have the political will to address the root causes of costs in the legal system.”

Future repercussions

Martin Heskins’ view is based on certain financial facts. The average salary for a UK lawyer is around £25,000. According to the Law Society, only 5% of lawyers rely on legal aid. However, the Society says that it would like to see “no individual lawyer making more than £250,000 from legal aid.” While this goal is one to be praised, it is unlikely to be popular among senior barristers. It is a statement showing that while the Society is aware that there are flaws in the existing system, it believes there are other courses of action available, rather than forcing the less financially stable to suffer in silence.

However, the Association of British Insurers says that, while they are in favour of the government’s proposals, they simply; “want genuine claimants to profit from this. We don’t want to hinder access to justice.”

The Law Society is calling for a pause and a review in the government’s proposed reforms. If Kenneth Clarke ignores their protests, the future for less financially able claimants looks to be a bleak one. In medical negligence cases, the legalities of the situation can become exceptionally complex - way beyond the abilities of those who are not trained in dealing with such matters. If Legal Aid for medical negligence cases is stopped, there could be hundreds of victims who never get a chance to find justice. Vulnerable groups such as women, asylum seekers, children and young people are likely to be first in the firing line when it comes to finding access to justice under the new legislation - and, often, these are the people who need it most.

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If you believe you have been the victim of an act of medical or clinical negligence you need our free guide which answers all of the questions that you need answers to before deciding to make a claim, including:

• What are the costs of making a claim for compensation
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Before you take any further action, take five minutes to read our free guide so that when you do pick up the telephone or fill in an online enquiry form, you know exactly the questions you need to ask to find the right medical negligence claim solicitor for you.

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