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 Law in Surrey
What rights do I have under personal injury law?
If you have suffered an injury which wasn’t mainly your fault, the law says you are entitled to compensation for pain, suffering and loss of amenity. You may also gain compensation for loss of earnings and additional expense incurred due to the injury.
Who does the law say is responsible if I suffer personal injury?
Personal injury law has established a duty of care on the part of people, companies and organisations to ensure they do everything reasonably possible to avoid causing injury to others. As examples, if land owners allows the public access to their property, they should ensure that walkways are adequately maintained. Shopkeepers should keep aisles clear of objects shoppers might trip over, and clean up spillages promptly to prevent slips. When playing sports, the law expects people to behave responsibly and not inflict injury on others. There is also specific employment law which lays down the duties of employers to minimise the risk of personal injury.
What is the basis for a personal injury law claim?
If your injury claim is to succeed, the law says 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 able to win compensation under the law.
How much compensation can I win under personal injury law?
Amounts are determined by legal decision 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 from case law in personal injury claims. Information is given on this site under individual types of injury.