Clinical Negligence Victims Denied Access To Justice.

These days anyone bringing a claim for compensation for injury incurred as a result of Clinical Negligence it is better to be either:

Very poor

Very wealthy

The cost to these victims of medical mistakes is more than just financial.

Legal Services funding formerly Legal Aid, is available for Claimants who wish to pursue claims for Clinical Negligence providing they satisfy the required criteria. In order to qualify for Legal Services funding Claimants must be on state benefits or a low income, and this is not conclusive as some state benefits may take the Claimant above the financial threshold.

For those Claimant’s who receive higher remuneration ie above the threshold, the pitfalls are many.

In order to initiate a Clinical Negligence claim without the backing of legal Services funding the Claimant would be required to pay the solicitors costs on account. The costs of the claim for negligence briefly comprises the following:

Obtaining all relevant medical records, x-rays, scans etc.

Having the records paginated by a suitable qualified nurse and comments prepared in relation to any entries/missing notes etc.

Instructing a independent medical expert, to prepare a medical legal report re causation/liability.

The cost up to this point is in the region of £1500 and this is without added solicitors fees!!!

If this report is favourable to the Claimant’s case, the Barrister may get involved and his fees will be payable by the Claimant.

It can be seen therefore that someone who has been injured as a result of Clinical negligence may not be able to pursue a claim for compensation due to the financial restraints placed upon them.

Claimants with the protection of Legal Service funding are not exempt from the pitfalls either. Such claims need to be assessed as having a value of £10,000 or more for the Legal Services Commission to grant full funding.

It can be seen therefore that Claimant’s injured as a result of Clinical negligence has injuries worth less than £10,000 have no adequate access to justice.

There is a complaints procedure to be followed and a Claimant who wishes to complain and have that complaint investigated can complete the necessary documentation and submit to the NHS Trust/Institution concerned.

The old Legal Aid system would have aloud these Claimants to have their claims properly investigated by a solicitors however since the abolishment of Legal Aid funding for Personal Injury this is no longer possible.

Nevertheless, there are a minority of firms who are prepared to conduct non legal Service funded cases on a No Win No Fee basis. However such claimants still need to pay disbursements up front and protect themselves with after the event insurance to prevent them being liable for the other sides costs should proceedings be issued and the case is lost.

After the event insurance can be extremely expensive some insurance providers request 25% of the value of the claim in respect of the insurance premium!

We at Norman Jones believe that mediation is a possible way forward to progress these matters quickly, efficiently and more cost effectively to both Legal Service funded Claimant’s and private paying claimant’s. We also offer Conditional Fee Agreements in respect of Clinical negligence cases.

For further information or advice please contact Norman Jones.