SCHEDULE 1Civil legal services
Part 1Services
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.
(4)General 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.
(5)Definitions
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.