SCHEDULES

SCHEDULE 1Civil legal services

C1Part 1Services

Annotations:
Modifications etc. (not altering text)

Clinical negligence and severely disabled infants

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.

4General exclusions

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.

5Definitions

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—

    1. a

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

    2. b

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