Research shows removing legal aid from clinical negligence cost government money

Feb 10, 2012
The Government's rationale for removing Legal Aid from Clinical Negligence cases is to save £10.5m for the tax payer.

A King's College London report commissioned by the Law Society concludes that to remove Legal Aid from Clinical Negligence will result in a net cost to the tax payer of £17.5m.  This calculation is based simply on assuming the same number of cases are brought however under Conditional Fee Funding (as amended by Government plans).  The NHSLA will have to pay the ATE insurance premiums and an increase in 10% on general damages the costs of which reverse the £10.5m saving estimate resulting in a £17.5m cost.  Further substantial costs to the NHSLA are anticipated however not costed. 

Although the stated rationale for the removal of Legal Aid from Clinical Negligence has been shown to be a false premise the Government has said it is determined to push on with the changes.

Why?

The unstated reason has everything to do with denying vulnerable people access to justice and avoiding the NHS having to pay proper, or any, compensation to the majority of victims of medical negligence.  
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