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Legal Aid For Medical Negligence Claims

Should your ability to get legal aid for medical negligence claims be based on the value of your house?

While many are aware of the government’s proposed changes to the legal system in this country, some may be surprised to learn of some of the deeper ramifications should these laws be passed. On the face of it, removing around half a million cases a year from the courts looks set to make for a speedier structure in which to resolve cases. However, there are those who are worried that people may be denied access to justice purely as a result of the value of the home they live in.

Proposed changes

Kenneth Clarke and the Ministry of Justice are proposing to slash the legal funds available to the public by £350million by the year 2015. Currently, the legal aid available to claimants totals around £2billion. The Law Society argues that those who are the least financially stable will be denied access to justice as a result of these cuts and especially vulnerable citizens such as women, children and young people, will be the hardest hit. Among the categories from which legal aid will be removed will be claims against medical negligence. It is Kenneth Clarke’s belief that only cases where life or freedom could be lost should regularly receive legal aid. Instead, it is proposed that ‘less urgent’ cases should use mediation or amicable negotiation to reach a positive resolution.

However, there are further implications to this bill. The Law Society has released a statement which reads: “Those who own a home worth over £200,000 will be ineligible for legal aid, even if they have no other disposable capital.” The government’s counter-argument is that this bill would only affect those in areas of high property process such as London. Yet, in the wake of the credit crunch, the average house price in London currently stands at around £160,000. An upper limit of £200,000 would therefore exclude more people from receiving legal aid than first thought.

Medical negligence claims

Compensation claims for medical negligence have risen by 20% in just one year, according to figures released by the NHS - and a significant portion of those were funded by legal aid. In 2010 alone there were 13 cases launched, each for sums in excess of £1million. At first glance, these figures may seem startling but, when you take into account what compensation is used for, they become easier to understand.

Compensation received as the result of medical negligence is not just a handout for inconvenience. The sums are assessed by lawyers and medical experts to decide what level of care the victim will require, for how long and at what cost. Some victims may require minimal care whereas others may need round the clock nursing and support for the rest of their lives. Without legal aid, large numbers of victims will be financially unable to bring their cases to court and seek recompense for a professional’s deviation from duty. While the government may want to bring the numbers of cases to a minimum, it seems more than a little clinical to exclude someone based on the value of their home.

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FREE GUIDE - 7 Questions You Must Ask Before Choosing Your Medical Negligence Solicitor

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
• The reasons you should or should not make a claim, including protecting other patients
• Whether using a solicitor or a claims company will make a difference to the success of your claim
• The questions you must ask to ensure you choose the right person to help you with your claim

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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