One of the
main tactics used by those who seek to dismantle access to justice for ordinary
people is to make them feel guilty. So we are told that there is a Compensation
Culture, with no evidence that any such culture exists. Victims are made to
feel that if they pursue damages claims that they are somehow the cause of a
breakdown in society.
This could
not be further from the truth.
Claims are
brought if a person suffers an injury caused by somebody’s negligence or breach
of their duty. If that happens the wrongdoer pays. In fact it usually an insurance
company who pays. This system not only ensures that the innocent victim is
compensated, it also improves standards. The best way to avoid repeated claims
is to deal with the cause.
So today we
read that there have been major errors by GPs in issuing prescriptions. According
to a General Medical Council report the error rate is as high as 1:6. Many of
these errors are described as severe, with mention of patients being prescribed
drugs to which they were known to be allergic.
Who would
try to argue that any patient injured by a wrong prescription should not have
the right to sue the doctor? In fact they do have the right. But the means of
enforcing that right are becoming heavily restricted for those not wealthy
enough to pay for their own case. Legal Aid will have gone by this time next
year.
Lawyers may
be willing to run cases on a Conditional Fee Basis where they don’t get paid if
the claim fails. But those agreements themselves are attacked and the lawyers
accused of being part of a racket to run up fees. Claimants could find
themselves having to lose up to 25% of their damages to cover costs.
There is
little point in having rights when the right to enforce them is limited to the
rich.
The long
term result will be fewer cases and higher profits for insurers.
Lawyers
will continue to do all they can to support clients in any way possible.
But the
government need to know that victims will not just go away.
Dirty dealings going on here, Insurance firms have become so big that the government feel compelled to pretty much do as they say - does anyone actually think this will help insurance premiums go down? - I don't think so but I do think that the changes will have an affect the way I and many others vote at the next general election. How can the coalition allow this to happen - its Authoritative and not democratic. Conservatism - Licking the bottom of big business and ignoring low income working people since the dawn of time.
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