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Civil Litigation Section

Law Society responds to consultation on scheme for severe avoidable birth injury

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The Law Society has responded to the Department of Health consultation on a Rapid Resolution and Redress scheme for severe avoidable birth injury, arguing that it must compensate victims fairly and specialist legal advice should be available for families throughout the process.

The consultation proposes to introduce a voluntary administrative compensation scheme for families affected by severe avoidable birth injury.

In our response, we welcome a voluntary scheme that allows families to obtain the compensation they deserve, so long as a formal litigation path can be taken if they wish to. It is important that this system is capable of adequately and efficiently compensating families for often life-changing injuries, which would be akin to going through a court. We also argue that a RRR scheme should be transparent and independent, and must preserve access to justice, ensuring that claimants have appropriate access to specialist legal advice throughout the process. 

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