The medical safety charity Action Against Medical Accidents (AvMA) has taken action in a fight to stop the government cutting legal aid for medical negligence claimants.
AvMA is issuing judicial proceedings against the government, claiming that the proposed cuts are “irrational and unfair” and it rejects suggestions from the Ministry of Justice that patients will not miss out because the cases will be taken up by no win no fee solicitors. The organisation says that its research is showing that roughly half of all cases, currently covered by legal aid, will not be taken up by such solicitors as they are too complex and “risky”.
The removal of legal aid from these claims is part of proposals aimed at saving £10m a year which are making their way through parliament in the form of the Legal Aid, Sentencing and Punishment of Offenders Bill.
However, it has drawn many critics including the NHS Litigation Authority, which handles negligence claims against the NHS. It has claimed that it will exclude the victims most at need while Lord Justice Jackson, who produced an independent report into civil litigation reform last year, has also voiced his opposition. He said that the cuts in legal aid were contrary to his recommendations.
However, a Ministry of Justice spokesman said that legal aid would still be available to cover the cost of the most serious and complex cases where no win, no fee agreements were not available. He said: “We need to ensure that legal aid is targeted at those who need it most.”
