A petition has been launched by campaigners of accident victims to stop a medical negligence legal aid levy.
The Ministry of Justice (MoJ) intends to impose the Supplementary Legal Aid Scheme (SLAS) in April 2013. This will allow for up to a 25% deduction from compensation awarded to victims of medical negligence who have had their case funded by Legal Aid.
After the Legal Aid, Sentencing and Punishment of Offenders bill (LASPO) was passed in May this year; legal aid was retained for those who have been injured during pregnancy, labour or the first 8 weeks of life.
Swain & Co.’s medical negligence solicitors support the Action against Medical Accidents (AvMA) who say that the SLAS equates to a raid on compensation for the victims of medical negligence, for example cerebral palsy sufferers.
It is like an extra tax on the most vulnerable in our society who are deserving of compensation to help them and their families cope with life changing medical negligence injuries.
It also seems that the area where legal aid is being retained for medical negligence victims is now being taxed. It could be viewed as essentially reducing legal aid for medical negligence cases through the ‘back door’.
AvMA is also encouraging victims of medical negligence who will rely on no win no fee arrangements (Conditional Fee Agreements) to act before April next year when the rule changes are planned to take place.
People with claims against a hospital trust or other healthcare provider should act as soon as possible
Swain & Co.’s personal injury solicitors also support the Association of Personal Injury Solicitors (APIL) in rejecting the Medical Defence Union’s claims that no win no fee arrangements are to blame for the rising number of claims against hospitals and healthcare professionals.
The figures showed a 56% increase in disciplinary cases and 18% increase in General Medical Council investigations; perhaps more of an indication of a concern in relation to standards of care.
If you have suffered as a result of medical negligence and need advice as to the potential of bringing a claim and the funding options available, speak to Swain & Co today for free on 0800 0351 999