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Are the most vulnerable being penalised over Legal Aid cuts for medical negligence?
Are the most vulnerable being penalised over Legal Aid cuts for medical negligence?
The government is currently planning to cut legal aid for medical negligence claims, as proposed in the Legal Aid, Sentencing and Punishment of Offenders Bill. There is concern amongst many lawyers and rights groups however, that this will restrict access to justice for the less fortunate. The Law Society, the official body of solicitors in England and Wales, asserts that the cuts will impact heavily on the, “weak and vulnerable,” and is currently campaigning against the cuts to legal aid, which will also affect family law, immigration law, and other areas of civil law.
The cuts are intended to substantially reduce the cost of legal aid to the government by roughly £350m a year, and reduce the number of claims made. Upon announcing the bill last year, Justice Secretary Kenneth Clarke said: “It cannot be right that the taxpayer is footing the bill for unnecessary court cases which would never have even reached the courtroom door, were it not for the fact that somebody else was paying.”
Who is eligible for medical negligence legal aid?
At present, people who wish to make a compensation claim for medical negligence can apply for legal aid to help with the costs of legal advice. Eligibility for such legal aid is based on the individual’s levels of disposable income and capital. Legal aid is paid directly to the solicitor, and may cover some or all of the costs of legal advice. The level of legal aid awarded depends on individual circumstances, and may include preliminary legal advice, assistance at court and legal representation.
Those campaigning against the cuts are concerned that by removing legal aid from individuals pursuing medical negligence claims, the poorest in society will effectively not have access to justice. Nicholas Jervis, Managing Director of claims experts 1stClaims, has some serious concerns about the proposals. “Legal aid for medical negligence claims enables the most vulnerable and needy to gain access to justice. Without it, they may struggle.”
Minister of Justice Jonathan Djanogly has said that: “These reforms will ensure that we have a legal aid system which is targeted at those who need it most, in the most serious cases, as well as providing value for money to the taxpayer...these proposals mark a retreat from a dangerous slide towards a litigious compensation culture.”
Widespread disagreement over legal aid cuts proposals
The government argues that by cutting legal aid they can minimise the amount of ‘trivial’ claims for medical negligence. Critics of the proposals however point out that many of those who have suffered serious injury or loss due to poor quality of care and medical blunders will not have the means to pursue justice if legal aid is cut.
Amongst those against the cuts is Jonathan Sinclair-Wilson, whose son was born disabled and later died aged six after suffering an injury whilst still in the womb due to a doctor’s needle. He wrote a letter to Kenneth Clarke saying that: “The real cost, to the government and to society, is in the clinical negligence itself and the burdens it brings in its train. The real saving would correspondingly be in reducing the instances of negligence.” He went onto describe any savings made through cutting legal aid as, “trivial and illusory.”
The Law Society has warned that cutting legal aid, “could put genuine redress beyond the reach of half a million people.”
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