Clinical Negligence

 

Has your life, or the life of a loved one, been changed due to substandard medical care?

We can advise on a wide variety of claims such as:
• Birth injuries
• Delayed diagnosis
• Cerebral palsy 
• Orthopedic injuries
• Bladder and bowel injuries
• Pharmaceutical or prescription errors
• Gynaecological injuries
• Cosmetic surgery errors
• Fatal accidents
 

Proving a Claim

To succeed with a medical negligence claim you must satisfy two tests, alongside an independent medical expert opinion. The two tests are as follows:

Breach of duty - was the care that you received below a reasonable standard of care?

You should note that the test is not that you should have received the highest standard of care, but a ‘reasonable standard’. Establishing breach of duty is rarely a straightforward exercise because there is often more than one opinion on what treatment is within a ‘reasonable standard’.

Causation - what injury and loss has been caused by any breach of duty?

It is necessary to consider what the outcome of the treatment would probably have been, if there had not been substandard care, and to show that the actual outcome has been worse.
It can be the case that the care was substandard, but it cannot be proved that any damage has been caused by that substandard treatment. In these circumstances, the claim will fail.

Failure to satisfy one of these tests will mean that you cannot proceed with your claim.

How much will it cost?

There are many funding options for these cases and we can discuss these with you and work out what is best to suit your needs. If we consider your claim has a good prospect of success, we should be able to offer you a No Win No Fee agreement which will mean you pay us only if your claim succeeds and only at the end of the case so there is no up-front cost to you. You could also look at paying for your case privately or you may have an insurance policy that will cover you for legal costs. Whatever your position, we can advise you on the best funding option for your case.

What can I claim?

What you can recover depends on the negligence you sustained. You can claim for the pain and suffering you have endured and also for various other losses such as lost earnings, care, or treatment. Our team will fully assess your losses and advise you what you can claim. It is important to make sure you keep any receipts so that your case can be proved.

How much will I receive?

You should be wary of any solicitor that promises you a result or offers to value your case before you have seen a court approved medical expert. All cases are valued based on the length and effect of the injuries sustained and with reference to any expenses or outgoings that the negligence has caused. Your case will be assessed by our legal team in conjunction with expert medical evidence about your conditions and only then can you be properly advised regarding the potential value of your case.

Will I have to go to Court?

The vast majority of cases settle without the need for a Court hearing. Some do end up at trial where there is a dispute about what happened, whether the negligent actions caused the outcome or how much the claim is worth, so you should always bear in mind you may have to go to a hearing. Our team will always strive to settle your case without the need for you to attend Court but if you do have to go to Court, you will be fully advised and represented by a Barrister at the hearing.

How long do I have to claim?

Generally, you have three years from the date of the incident to bring your claim but there are exceptions and we can advise you if your incident was more than three years ago. In relation to a child, they normally have until they are 21 to bring a claim but can bring a claim before they turn 18 with the assistance of an adult.

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