ANNEX C: Detailed explanatory note for Part 1 of Schedule 1 Paragraph 23: Clinical Negligence and severely disabled infants
893.Sub-paragraph (1) brings within the scope of civil legal aid services for damages claims in respect of clinical negligence which has caused a neurological injury as a result of which the child is severely disabled, subject to two conditions being met.
894.Firstly, under sub-paragraph (2)the negligence must have occurred while the individual was in the mother’s womb or during birth or before the end of either of the following time periods: (i) where the individual is born before the beginning of the 37th week of pregnancy, eight weeks after the first day of what would have been that week; or (ii) where the individual is born during or after the 37th week of pregnancy, eight weeks after birth.
895.The second condition is set out in sub-paragraph (3) and provides that the services are made available to the individual or, where the individual has died, to the individual’s personal representative.
896.Sub-paragraph (4) applies the exclusions in Part 2 with the exception of those relating to personal injury or death, a claim in tort in respect of negligence, a claim in tort in respect of assault, battery or false imprisonment and a claim in tort in respect of breach of statutory duty.