Clinical Negligence Claim in Surrey
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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.
Personal Injury Litigation in Surrey
How can I begin litigation for personal injury?
You should consult a solicitor who specialises in personal injury litigation straight away. You can fill in the form on this site to send us details of your claim. It really is that simple.
What is the process for personal injury litigation?
Your solicitor will first discuss your claim with you in some detail. He will then make a preliminary assessment of the chances of litigation succeeding. If you both decide to proceed, he will then conduct a more detailed investigation. He may take statements from you and others who are involved, obtain medical records and assessments, and seek expert medical 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 again and advise you on the strength of your case and how best to proceed. Depending on the cause of the injury, there may be several avenues for litigation. Most commonly, those responsible for the accident will be sued in civil court. The case will be heard by a judge who will decide liability and, if you win, make an award of compensation.
What do I have to prove to make personal injury litigation worthwhile?
If your litigation is to succeed, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this is a lesser degree of proof than a criminal case, and 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, a personal injury solicitor may well advise you proceed with litigation.
How much personal injury compensation can I win by litigation?
Amounts are determined on a case by case basis. In England and Wales, Judges have issued broad guideline figures for different types and degree of injury, laid down in the Judicial Studies Board Guidelines. This has been built up over the history of personal injury litigation. Information is given on this site under individual types of injury.