HC Deb 18 March 1993 vol 221 c384W
Dr. Godman

To ask the Secretary of State for Scotland in what circumstances legal aid is given in cases concerning complaints of medical negligence; and how many cases of medical negligence were supported by legal aid in each of the past five years in(a) Strathclyde region and (b) Scotland as a whole.

Lord James Douglas-Hamilton

Legal aid is available for cases of medical negligence subject to the standard tests of reasonableness, probable cause and financial means. As with other cases involving personal injury, the maximum disposable income entitling an applicant in a medical negligence case to civil legal aid is £7,500 per year, as compared with £6,800 per year for other civil cases.

In 1991–92, 1,843 grants of civil legal aid were made in reparation cases, which include cases involving allegations of medical negligence. No further breakdown of cases within that category, or by location, is available.