Steve Cornforth, of EAD Solicitors, on the real cost of Legal Aid cutbacks

THE Government is proposing major cuts in public funding. Many arguments have been put forward about the devastating effect on access to justice for the most vulnerable. But it is also a false economy, especially in the case of clinical negligence.

My firm recently handled a case for a woman who had developed, over seven days, a severe headache. She attended A&E at her local hospital on two occasions. Each time, they failed to carry out appropriate investigations and in particular on the second occasion failed to do an X-ray. The client was negligently discharged. She subsequently had a brain haemorrhage and was left with a major disability as a result.

The claimant was eligible for public funding and Legal Aid enabled us to investigate the standard of care provided by the hospital. The Trust eventually admitted liability and the case was settled in the sum of £900,000.

The cost of the investigation alone was substantial, and the claimant would never have been in a financial position to pay for it. In reality, she would probably have been deterred from claiming at all.

Because the claim succeeded, all money paid out by way of Legal Aid was recouped and the cost to the taxpayer was nil. So the question is not only – where is the justice? The question is also – where is the saving? It might cost the NHS less if it can no longer be held accountable. Is that the real agenda?