UK MEDICAL NEGLIGENCE CLAIMS INFORMATION SERVICE

Legal aid for medical negligence claims is available however only those solicitors who are members of The Law Society panel of medical negligence experts are franchised by The Legal Aid Board to make application. Clinical claims can be complex and less than one per cent of solicitors are authorised to make application for legal aid. For those who do not qualify for legal aid, it may be possible to take legal action using the no win no fee scheme.

A successful claim is often difficult to establish and the law appears to be weighted in the doctor's favour. The test for establishing negligence in diagnosis or treatment is whether the doctor has been proved to be guilty of such failure, as no doctor of ordinary skill would be guilty of, acting with ordinary care. To establish liability where deviation from normal practice is alleged it is necessary to show.

• that there is a normal and usual practice
• that the doctor has not adopted that practice
• that the doctor has adopted a course which is one which no professional man of ordinary skill would have taken if he had been acting with ordinary care

The standard of a doctor's care is measured against that of his or her peers. If a significant body of fellow medical practitioners would have acted in the same way confronted with the same circumstances, a practitioner will not be found to be negligent however if one of a number of alternative methods of treatment was used even though it was supported by a body of medical practitioners, a finding of negligence may still result if the method of treatment does not stand up to logical analysis.

Damages in medical negligence claims may include:

• compensation for pain and suffering
• loss of past and future income
• care for the past and for the future
• gratuitous assistance
• medical expenses for the past and for the future
• loss of amenities of life
• prescriptions
• reduced employment prospects in the future
• expenses in relation to the claim
• interest

Compensation for pain and suffering is established by the court after consideration of reports obtained from specialist medical consultants. The sum awarded is then decided after consideration of similar previous cases and in conjunction with Government guidelines.

For free advice on clinical negligence compensation from specialist solicitors just complete the contact form and a member of The Law Society panel of medical negligence experts will telephone to discuss your claim.