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Cuts reduce access to medical negligence help for the poor
Cuts reduce access to medical negligence help for the poor
Legal aid has been available in the UK since the mid-20th Century. It provides those who are unable to afford a solicitor with the means to pursue legal action, to protect their basic rights and to access the court process. But now it is under threat, due to planned cuts aimed at reducing the country’s legal aid bill.
At present the cost of legal aid is an estimated £2.1billion per year, and the Ministry of Justice is aiming to reduce this by £300million. It plans to do this by withdrawing access to legal aid for a number of types of claim and legal case. These are laid out in the Legal Aid, Sentencing and Punishment of Offenders Bill, as unveiled in June by Justice Secretary Kenneth Clarke. Legal aid is due to be withdrawn for private family law, employment and education law, immigration, some debt and housing issues, and most worryingly, clinical negligence claims.
Government plans to withdraw legal aid for clinical negligence claims
As the system stands at the moment, if someone suffers from medical negligence, such as in a botched operation or as a result of a misdiagnosis, if they don’t have the money to pursue legal action themselves then they can receive legal aid that enables them to do so. The level of help provided varies according to individual circumstances, but can range from free legal advice on making a claim, to legal representation during court proceedings.
According to Kenneth Clarke: “We are funding litigation, firstly unnecessarily in less serious matters where really the taxpayers shouldn’t pay, and we’re also funding litigation where adversarial lawyers are not the best way of sorting out a serious dispute.”
However, many would disagree with Mr Clarke over whether a medical negligence claim is a ‘less serious matter’, or whether it can be handled effectively through any means other than through trained lawyers.
Widespread criticism of plans
Since the cuts in legal aid were announced, many have stepped forward to voice their dismay. Supreme Court justice Lady Hale has said that these cuts will have a, “disproportionate effect upon the poorest and most vulnerable in society.”
Linda Lee, president of the Law Society, commented that, “the people who will suffer are the weak and the vulnerable. It will be the babies seriously injured in accidents during their birth, for whom there will be no civil legal aid to secure compensation. It will be the woman looking after her disabled mother, who can no longer get advice when her carer’s benefit is wrongly stopped.”
Nicolas Jervis, managing director of claims specialists 1stClaims, said that: “Legal Aid is an essential way of ensuring that the poorest in society have access to the help they need to ensure that justice is done. When someone is injured or suffers loss as a result of the negligent actions of trusted medical professionals, it is only right that a civilised and caring society ensures that all that can be done is done to set things right.”
He added: “By withdrawing legal aid from those who have been the innocent victims of medical negligence, the government will effectively prevent some of the most needy from getting the justice, and the financial help that they deserve.”
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