Clinical Negligence Claim in Cumbria
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Members of the medical profession have a duty of care towards their patients. That is, they are expected to ensure that the appropriate treatment is given in the correct way. If the patient suffers as a result of a mistake, bad decision or inadequate care, the victim may well be able to claim compensation on the grounds of clinical negligence.
Complexity of clinical negligence claims
Clinical negligence can be notoriously difficult to prove, and even when blame is established there can be extensive argument over the consequences of the events leading to the claim. At its simplest, a clinical negligence claim might involve establishing that a patient was given the wrong drug or dosage, but even here there is room for clinical dispute over the effects and hence the amount of the liability. At the other extreme, there may be widely differing medical opinions over how the problem arose, and who, if anyone, was responsible.
For these reasons, it is vital that you consult a solicitor who specialises in clinical negligence claims, and that you do so as early as possible. He will combine knowledge on both legal and clinical fields, along with experience in knowing exactly what documentation and histories would be needed to pursue your claim. He will also call in clinical and other legal experts to ensure the case is thoroughly investigated and prepared.
How long does a clinical negligence claim take
The settlement of clinical negligence claims can be rather protracted, and is divided into two parts. Your solicitor will carry out a thorough investigation, which may take from six to twelve months. During this phase, he will take statements from you and others who are involved, obtain clinical records and assessments, and seek detailed clinical opinions on the case. He will also collect evidence to show how the alleged negligence contributed to your injury.
Your solicitor will then assess the claim and advise you on the strength of your case and how best to proceed. He will most likely advise the doctor or hospital of your intention to claim and see if they accept liability for clinical negligence. If they do, he will negotiate a settlement for you. If they deny liability for negligence, he will suggest further options such as a civil claim for compensation.
How much can I claim for clinical negligence?
Compensation is determined by the injuries you suffer, not by the cause of the accident. Thus, someone paralysed as a result of clinical negligence would gain the same compensation as if they suffered an identical injury in a road accident, all other factors being equal. See details for specific injuries elsewhere on this site.
Compensation Award for Injury in Cumbria
How is a compensation award arrived at?
A compensation award for injury consists of two parts. The most immediately obvious effects of your injury are covered by an award for “General Damages”. This part of your compensation award covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your compensation award will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your award involves financial loss or additional costs. Under this heading will come an award for loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for a compensation award?
If you are to win a compensation award, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be awarded compensation.
Will a pre-existing condition reduce my compensation award?
On the contrary, compensation awarded for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.