In a report, ‘Unintended Consequences: the costs of the government’s legal aid reforms’, written by Dr Graham Cookson of King’s College, it has been revealed that the government’s plans to cut Legal Aid in clinical negligence cases could end up costing the NHS greatly.
The government’s Legal Aid, Sentencing and Punishment of Offenders Bill reported that these cuts would save the NHS £10.5million a year, however, Dr Cookson’s report shows that by removing Legal Aid from clinical negligence cases, the NHS will bear costs of almost £28.5million a year, almost three times the proposed saving.
These ‘knock on’ costs totalling an approximate value of £28.5million include costs for telephone triage services, 10% payment for damages if a case is successful and premiums for fees and reports.
In terms of cutting Legal Aid for clinical negligence cases, it has been said that the NHS could face a loss of £18million per year, mainly due to payments that would have to be made through the NHS Litigation Authority.
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