Hospital Negligence - another wider scandal brewing

The story of Mr Rasheed highlighted in Channel 4’s Dispatches programme this week is a shocking tale of NHS hospital staff neglect and lack of care.

There is, however, another wider scandal brewing. If the coalition government succeeds in its plans to remove legal aid from clinical negligence cases then ask yourself one question – will there be fewer cases of neglect in NHS hospitals or more?

If the proposed changes are implemented then NHS staff will continue to be backed by the National Health Service Litigation Authority (NHSLA) who will defend them against claims by patients. The NHSLA is paid for by taxpayers money, but patients who are negligently injured will get no legal aid and so will get no state support at all to pursue their claims!

Alyson Coulson and Marek Bednarczyk, two of Hart Brown’s partners, spoke to East Surrey MP Sam Gyimah (who represents Mr Rasheed’s Caterham home and has commented on the case) at his constituency office on 4 February this year to warn him about the problems that the government’s proposed cut-backs in legal aid will cause.

No doubt Mr Gyimah – who is quoted as stating that he was shocked by Mr Rasheed’s story – may be thinking again about the efficacy of the government’s planned legal aid cut backs. The government should re-think their plans too.

Hart Brown has formally responded in detail to the government’s proposals and like thousands of others who have responded we support the continuation of legal aid for clinical negligence cases.

Mr Rasheed’s story is a warning to us all

Marek Bednarczyk, Partner, Hart Brown

If a job is worth doing it is worth paying someone else to do it properly

It is often said, sometimes in jest, that if a job is worth doing it is worth paying someone else to do it properly. Lord Judge, the Chair of the Judges’ Council has recently commented that proposed Government changes to the court system are likely to cause “a huge increase” in the number of ‘DIY litigants’. Are the current proposals to slash legal aid more likely to result in the freeing up of the court system because more people will choose alternatives such as mediation or as some senior judges have suggested will the courts grind to a virtual standstill as hundreds of thousands of people represent themselves in legal cases?

The lawyer who conducts his own case is said to have a fool for a client. Is the position of DIY litigants different? In some areas the court system appears already to be at breaking point. The proposed closure of a number of courts is likely only to worsen that. Is the threatened withdrawal of legal aid the straw that finally breaks the camels back?

Paul Grimwood, Partner, Hart Brown

Divorce insurance – A good idea?

In the wake of legal aid being cut for divorce and family related matters, it is being reported in the media today that a possible way to make financial provision for a divorce should you require one in the future is to take out an insurance policy that covers the cost of a divorce.

The cost of dealing with a divorce and the associated finances can be high if court proceedings are issued to resolve the finances.

It may be that couples will start to look at other methods of resolving finances, divorce and issues relating to children, such as mediation or collaborative law.

Do you think that the government are right to cut the legal aid budget for family cases? Do you think that taking out insurance policies will put pressure on couples? Do you think that preventative measures, such as insurance policies and pre-nuptial agreements are a good thing?

Will such an insurance policy cover all the possible issues that can arise from a divorce, such as children?

Let us hear your views.

http://www.dailymail.co.uk/news/article-1330026/Divorce-insurance-advised-ministers-legal-aid-crackdown-looms.html

Anne Thomas, Legal Executive, Hart Brown Family Department

Legal aid clinical negligence work

The personal injury and clinical negligence team are delighted to confirm that their Tender for legal aid clinical negligence work has been successful.

The Legal Services Commission (LSC) who currently run legal aid notified the Team this morning to confirm the award of the Tender.

This will allow Hart Brown to continue providing legal aid services to clients who are eligible for legal aid although the Team also undertakes work for clients on a No Win No Fee basis and also under any legal expenses insurance a client may have plus traditional privately funded work.

Hart Brown has been able to offer legal aid to its clinical negligence clients who are financially eligible for many years and therefore it is a very pleasing to be able to continue to do that work where we have had some great successes most recently winning two case for severely brain injured clients which would on a lump sum basis amount to £10 million if put together.

Read more about Hart Brown's Clinical Negligence Department.