medical negligence uk


Medical Negligence

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CONTACT FORM

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Negligence Date

Negligence Details

Injury


NATIONWIDE CLINICAL NEGLIGENCE CLAIMS

We are a national network of clinical negligence claims solicitors and we can ensure that you get a fair deal by taking the guesswork out of selecting an expert solicitor for your compensation claim. Our solicitors are all members of The Law Society panel of medical negligence experts. Legal aid is still available to investigate and take proceedings as a result of a medical mistake. Less than 1% of solicitors in the UK are franchised by the Legal Aid Board to act in medical negligence claims and it is important that you make the right choice of solicitor at an early stage in your compensation claim. For those who do not meet the criteria for legal aid, proceedings for negligence can be taken using the solicitors no win no fee scheme.

In order to succeed in a medical negligence claim and obtain compensation, a patient has to establish, on the balance of probability, that they have suffered injury which was caused by negligent medical treatment. There are three factors that must be proved;

  • Negligence:
    A healthcare professional is negligent if they have fallen below the minimum standard of skill or care which the medical profession regards as acceptable. A doctor will be judged by the standards of an average competent doctor assessed on the basis of what that doctor knew or should have known at the time. It is not enough to prove negligence if another doctor would have dealt with matters differently provided that a reasonable body of doctors would have done the same thing. To prove negligence in clinical negligence claims there has to be a situation in which no reasonable doctor, acting competently, would have dealt with things in the same way.
  • Causation:
    This issue relates to proving that the doctor’s negligence actually caused some injury or harm to the patient. To prove causation it is usually necessary to establish;
    • the natural progression of the underlying condition or illness;
    • the likely outcome if non-negligent treatment had been given;
    • the difference, if any, the negligent treatment has made.

  • Value:
    Medical reports are obtained from specialist consultants which are used as a basis for valuing the ‘pain and suffering’ aspect of the claim after comparing the injuries with other cases that have been decided by the courts. Details of other financial losses and expenses incurred as a result of the negligence, together with anticipated future losses are collated into a schedule of loss.

If you believe that your doctor has been negligent and you would like free advice on our Legal Aid and no win no fee claim service then just complete the contact form and a member of The Law Society panel of medical negligence experts will telephone you to discuss your claim.

LEGAL AID - NO WIN NO FEE


The information contained on this website relates principally to England and Wales and is for educational purposes only. The information is not legal advice or medical advice which should only be obtained directly from an appropriately professionally qualified lawyer or doctor.