Legal aid is only available in certain circumstances for medical negligence claims and is provided through the Legal Aid Agency by the Government. These instances are:
- Cases where funding is granted as the case is deemed exceptional as determined by the Director of Legal Aid Case Work.
- Cases involving severe brain injury caused to a child during pregnancy or labour, or shortly afterwards.
Cases where funding is granted as the case is deemed exceptional as determined by the Director of Legal Aid Case Work
In the first scenario, an exceptional case determination is made where either it is necessary to make legal services available to an individual because a failure to do so would amount to a breach, or risk a breach of an individual’s human rights, within the meaning of The Human Rights Act. Or alternatively, where the Director of Legal Aid Case Work is satisfied the services an individual requires involve advocacy in proceedings at an inquest into the death of a family member and there has been a wider public interest determination in relation to the individual, and the inquest and the Director have determined that the individual qualifies for the services. These inquests often involve cases where the deceased was detained, for example in custody or a mental health unit.
Cases involving severe brain injury caused to a child during pregnancy or labour, or shortly afterwards
The second instance where public funding might be available is purely for neurological claims involving children in a specific set of circumstances.
These are:
- For infants who have suffered severe and disabling brain injuries and these were sustained either in the womb, during birth or in the first eight weeks of their life.
- If the baby was born prematurely, the eight weeks does not start to run until they reach what would have been the 37th week of pregnancy.
It is important to remember that in cases where a minor has sustained an injury as a result of medical negligence they have until their 21st birthday to bring a claim. As such, even if the individual is no longer an infant they may still be eligible for public funding through the Legal Aid Agency.
How can Nelsons help?
Danielle Young is a Senior Associate in our highly regarded Medical Negligence team.
If you would like any advice in relation to legal aid funding for a medical negligence case or any related subjects, please contact Danielle or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.