Action Against Medical Accidents has launched a legal challenge against the government’s controversial plans to scrap legal aid for clinical negligence cases.
The charity has issued judicial review proceedings, arguing that the Ministry of Justice's decision to remove such cases from scope is irrational and unfair.
AvMA states that no account has been taken of the extra costs that will be borne by the NHS as a result of the change, coupled with the reforms also being made to the ‘no win no fee’ arrangements.
The NHS Litigation Authority wants legal aid to be retained for clinical negligence cases, as does Lord Justice Jackson, the architect of the government’s civil litigation funding reforms.
AvMA chief executive Peter Walsh said: ‘We regret that we have to take this action, but the MoJ has failed to listen to the overwhelming arguments put to it for keeping clinical negligence in scope for legal aid.’
He said scrapping legal aid for clinical negligence is ‘completely irrational’ and ‘grossly unfair’ and would simply increase the costs of the NHS.
‘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 the NHS will be deprived of the opportunity of learning from mistakes which are often only recognised because of a legal challenge.’
Walsh said no consideration had been given to the argument made by AvMA that the NHS is an arm of the state, and therefore has a responsibility to ensure redress is available for victims of NHS negligence.
A MoJ spokesperson said: ‘Victims of clinical negligence may need a lifetime of expensive special care so we are clear they must be able to hold those responsible to account.
‘Victims will still have access to solicitors through ‘no win-no fee’ deals, which the government is reforming. We are making special arrangements so that people will be able to insure themselves against the cost of reports if they lose.
‘Importantly, we are also bringing in a rule that will mean, in most cases, victims will not have to meet the other side’s costs if they lose. Victims will be able to receive legal aid to fund the most serious and complex cases, where a ‘no win-no fee’ agreement is not available, and where the failure to provide funding would breach their human rights.’
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