Clinical Negligence Claim
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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.