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.
Personal Injury Claim Lawyers
If you have suffered an injury which wasn’t your fault, you should consult a specialist personal injury lawyer. The effects of an injury can be wide ranging and more than your legal rights are involved in determining your eligibility for, and amount of, compensation. For this reason, a lawyer requires a combination of legal and medical expertise, and most personal injury lawyers will have built up a list of useful contacts and barristers’ chambers to call on when specialist advice is required.How can I recognise a specialist personal injury lawyer?
In the first instance, check that your lawyer’s firm includes lawyers who are accredited members of the two principle legal bodies in this field; the Association of Personal Injury Lawyers (APIC) and the Law Society’s personal injury panel. You should also ask if they have lawyers who belong to associations for the specific injury your claim is about – for example the Spinal Injuries Association or the Headway Panel.
You should also ask your lawyer about their record in personal injury claims. Can they give you any case histories of successful claims similar to yours?
How can I pay the lawyer’s bills for my personal injury claim?
With the exception of medical negligence, legal aid is generally no longer available for personal injury claims. This means you will have to agree payment with the lawyer yourself. Fortunately, lawyers are able to act on a Conditional Fee (“No Win, No Fee”) basis. This means your lawyer bears the cost of the claim until you have been awarded compensation. Depending on the type of agreement you have, your lawyer will then either claim his fees from your opponent, or take a percentage of your compensation as a “success fee”.
Will my lawyer charge me for costs if I lose my personal injury claim?
Before agreeing to work on a conditional fee basis, a competent personal injury lawyer will assess the merits of the claim. If you and your lawyer decide to proceed you may have to take out an insurance policy to cover both your and your opponent’s lawyers’ fees in the event that you lose your claim.