Medical negligence or medical practice cases in the UK are on a sharp rise since last few years. According to the information provided by an authentic source, compared to the rate of medical negligence just 5 years back, in the recent times, the number of cases has increased at least 8% to 10%. Another leading daily of the UK has come up with the statistical reference that in the last financial year, the NHS spent almost £5 billion to compensate patients, who suffered the consequences of medical malpractice, while they were attended by healthcare professionals and institutions under purview of the supreme healthcare administrator of the UK.
While the number of medical negligence cases is on a rampage and the NHS hasn’t yet been able to come up with the correct solution to give confidence to the UK citizens for better and secure treatment, the only option that left is claiming compensation against medical negligence, which would not only provide the aggrieved with the necessary monetary compensation in case support for future becomes imminent but also for convincing the concerned authority about seriousness of the situation. The medical negligence legal aid aims at easing the process.
What is Legal Aid?
Legal aid is nothing but monetary support that the government provides its citizens so that availing better ways for legal representation becomes possible. This facility belongs to a certain class of people only who doesn’t have enough financial foundation to bear the legal cost privately. The responsibility to administer legal aid belongs entirely with the Legal Services Commission (LSC) that after due investigation decides whether an applicant is eligible or not to receive the service. Amendments in this field have excluded the benefit for citizens, applying for personal injury compensation. However, medical negligence legal aid is still available but subject to the LSC criteria. In this context, a little piece of information, related to scraping medical negligence legal aid in the final quarter of 2011, becomes highly relevant. Despite the UK government planned to come up with this proposition and execute it in the gradual course of time, such effort was hugely opposed and stopped from being materialized.
Eligibility to Receive Medical Negligence Legal Aid:
- In order to achieve the benefits of medical negligence legal aid, the case must satisfy the criteria of ‘cost/benefit test’ and the application needs to pass through the ‘means test’. If the LSC is convinced enough that cost of the case wouldn’t exceed the return/benefit then the ‘cost/benefit test’ criteria is fulfilled.
- An individual may be eligible for receiving the benefits if his financial capacity convinces the investing committee of his need. In addition, further clauses have been introduced in the process which has made the entire verification process even stricter. Your income, financial capacity of your partner and the number of children in your household can also be taken into account by the investigating committee.
- The cost of your case should be over £10,000. At the same time, the complainant should have been able to produce the proof that a complaint procedure, recognized by the government, has been exhausted. If you haven’t done this, it is important that you provide reasonable justification of your action.
- Not always medical negligence legal aid is completely free. You may be asked by the concerned department to repay the entire or particular part of the amount, every month.
At Legalaideducation.org you will receive adequate information on the best procedure to receive medical negligence legal aid. At the same time, you will also be able to find out that to which extent it is possible for you to enjoy the benefits of legal aid.