The government has published provisional statistics on injuries on public roads in Great Britain...
In the six month period between 1st April and 30th September 2010 over 70,000 patient safety incidents were reported to the National Patient Safety Agency for the London area alone. Although a large proportion of these involved only minor injuries, over 500 led to either severe harm or death. Not all of these incidents will have occurred as a result of negligence on the part of the NHS Trust concerned, however, it can be assumed that a significant number did result in claims.
There is little doubt that the majority of us still receive high quality care through the NHS, but if the worst happens and you find yourself, or one of your family, an injured party following what you believe to be substandard NHS care, how can you access legal advice and representation these days without incurring legal fees?
We’ve all heard through the media how civil Legal Aid is likely to be a victim of proposed government cuts, becoming accessible to only the most exceptional cases. Further, there are plans afoot which could mean that, in certain cases funded by Conditional Fee (or ‘no win, no fee’) Agreements, a solicitor will no longer be able to recover a success fee from the paying party, but this will instead be deducted from his own client’s damages. This unpalatable proposal will undoubtedly lead to an increasing reluctance by prospective claimants to bring claims, and a similar reticence by law firms to offer the types of funding agreements that are currently available.
Happily, at present there is still Legal Aid available for clinical negligence claims, although this tends not to be granted for cases involving minor injuries. In order to access civil legal aid you need to consult a firm of solicitors with the relevant franchise. Only firms who have demonstrated to the legal Services Commission that they have lawyers with the relevant expertise in a specific area will be granted a franchise and the ability to make an application for funding on a client’s behalf. So it goes without saying that when choosing which solicitors to instruct on your claim, this is one of the first questions to ask.
If for some reason you do not qualify for legal aid, some specialist clinical negligence firms will still offer Conditional Fee Agreements in cases where there are deemed to be good prospects of success, providing a good alternative means of taking a claim forward without the worry of legal fees.
If you believe you might have a claim against a hospital, a general practitioner or another professional body or treatment provider but are worried about potential costs, Clarkson Wright & Jakes Ltd we are happy to advise on the options available to you.
For further information on this or any other personal injury / clinical negligence issue please contact Michelle Easton on 01689 887813 or email michelle.easton@cwj.co.uk