Legal aid is the oxygen of medical litigation; most cases are legally
aided. It is available only to a limited population so it does not ensure
access to justice - most negligence is probably uncompensated. Legal aid
provides access to lawyers, who get paid win or lose. It provides
incentives to give over-optimistic legal advice and to seek out expert
opinions to sustain improbable cases. The success rate in clinical
negligence is modest. In pharmaceutical litigation it is minimal. Scarce
resources for patient care are diverted to lawyers' fees - all in the name
of justice and funded by the public.
Competing interests:
Solicitor and doctor specialising in clinical negligence and pharmaceutical litigation
Rapid Response:
Legal aid: the oxygen of medical litigation
Legal aid is the oxygen of medical litigation; most cases are legally aided. It is available only to a limited population so it does not ensure access to justice - most negligence is probably uncompensated. Legal aid provides access to lawyers, who get paid win or lose. It provides incentives to give over-optimistic legal advice and to seek out expert opinions to sustain improbable cases. The success rate in clinical negligence is modest. In pharmaceutical litigation it is minimal. Scarce resources for patient care are diverted to lawyers' fees - all in the name of justice and funded by the public.
Competing interests: Solicitor and doctor specialising in clinical negligence and pharmaceutical litigation
Competing interests: No competing interests