Medical negligence is determined in Medical Negligence Law as any act or omission which does not come up to the standard that is expected with a reasonable person. It must be proved that whatever the physician or health care provided did or did not do was below the standard or reasonable competency of the doctor for the reason that particular field of medicine.
Legal Challenge To Funding Axe For Those Making A Medical Negligence Claim
Action against Medical Accidents (AvMA) is seeking a judicial review of the government proposals to scrap legal aid for people making a medical negligence claim for compensation. AvMA think that cutting legal aid for medical negligence cases will prevent the sufferers of inadequate medical treatment from accessing justice and the compensation that they deserve.
The legal aid spending on clinical negligence claims is just £17m from a total legal aid budget of £2.2bn. The Ministry of Justice have stated that claimants will still have use of legal assistance through no win, no fee agreements, however AvMA believe that the cuts to legal aid for medical negligence claimants will definitely cost The Government profit the long run if patients aren't given help to bring claims against the NHS. The charities’ website commented about the proposed cuts:
It will harm the NHS's focus on patient safety, will most likely cost the taxpayer more overall and will certainly add significantly towards the NHS bill.
The Government aims to reduce the legal aid bill by £350m each year in England and Wales by 2015, with the Legal Aid, Sentencing and Punishment of Offenders Bill already before parliament.
The Government has introduced the bill to curb spurious cases, however critics of the government proposals think that the legal aid cut will affect the members of society who need legal representation the most. AvMA chief executive Peter Walsh commented:
Some of the most vulnerable people in society injured by negligent treatment at the hands of a State body will be denied access to justice. And also the NHS will be missing out on the opportunity of learning from your errors which are often only recognised because of a legal challenge.
If you or a member of the family has received inadequate treatment then Duncan Gibbins Solicitors can provide expert legal advice concerning a medical negligence claim. You may be in a position to claim compensation as a result of:
- Poor Aftercare
- Misdiagnosis
- Mistakes during surgery
- Late referral
- An infection contracted while in hospital
