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Legal Aid, Sentencing and Punishment of Offenders Act 2012

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Clinical negligence and severely disabled infants

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23(1)Civil legal services provided in relation to a claim for damages in respect of clinical negligence which caused a neurological injury to an individual (“V”) as a result of which V is severely disabled, but only where the first and second conditions are met.

(2)The first condition is that the clinical negligence occurred—

(a)while V was in his or her mother’s womb, or

(b)during or after V’s birth but before the end of the following period—

(i)if V was born before the beginning of the 37th week of pregnancy, the period of 8 weeks beginning with the first day of what would have been that week;

(ii)if V was born during or after the 37th week of pregnancy, the period of 8 weeks beginning with the day of V’s birth.

(3)The second condition is that—

(a)the services are provided to V, or

(b)V has died and the services are provided to V’s personal representative.

General exclusions

(4)Sub-paragraph (1) is subject to—

(a)the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3 and 8 of that Part, and

(b)the exclusion in Part 3 of this Schedule.

Definitions

(5)In this paragraph—

  • “birth” means the moment when an individual first has a life separate from his or her mother and references to an individual being born are to be interpreted accordingly;

  • “clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);

  • “disabled” means physically or mentally disabled;

  • “personal representative”, in relation to an individual who has died, means—

    (a)

    a person responsible for administering the individual’s estate under the law of England and Wales, Scotland or Northern Ireland, or

    (b)

    a person who, under the law of another country or territory, has functions equivalent to those of administering the individual’s estate.

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