Written by Andy Glibert
2 · 14 · 19
Uk Medical Negligence Claims

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Medical negligence claims arise as a result of the failure of a health care provider to treat and care for a patient with a reasonable degree of skill and care which results in injury. If a healthcare professional was careless, lacked proper skills or disregarded established rules then experienced clinical negligence solicitors may be able to prove a case for damages for personal injury.

Medical negligence compensation is intended to put the injured party back into the position that they would have been in if the healthcare problem had not occurred, however monetary damages can never compensate for physical injury or death. The progress of a medical negligence claim can be complex and difficult and only experienced solicitors acting in conjunction with a team of highly skilled medical professionals should handle these cases.

The claim starts with the client attending a medical negligence solicitor and giving a statement of the circumstances of the potential claim. If the solicitor sees that there is a reasonable chance of a successful outcome, the solicitor will write to the local health authority requesting release of the medical records in order that they can be considered, on behalf of the claimant, by a consultant who specialises in that field of medicine. If the consultant reports that it is his opinion that there has been negligence and the Health Authority’s insurers refuse to accept liability and pay compensation for injury, then legal proceedings are usually issued in the local County Court or the High Court based on the consultant’s opinion following medical examination of the client. These proceedings continue to a conclusion in a trial of the issues.

Cases usually take 3 years or more to fully resolve however in simple cases where there is an early admission of liability it may be possible to settle in less than a year. The limiting time factor is often the length of time that it takes for the injury to reach a stable state and expert consultants are in such demand that they often have a waiting list in excess of 6 months for appointments.

Clinical Negligence Solicitors

Specialist medical negligence solicitors have great experience in this difficult field and will focus entirely on your needs by providing vigorous expert representation to ensure that you receive maximum damages for your personal injury claim. Solicitors are often able to arrange home or hospital visits and medical examinations and urgent private treatment can be undertaken at short notice, to assist recovery, with some of the most eminent medical consultants both here and abroad. It is important that a qualified medical negligence solicitor is involved from the very start of your claim to ensure that you obtain fair and reasonable compensation.

If you’ve been injured as a result of wrongful treatment at the hands of a healthcare professional a medical negligence solicitor can help you to preserve your legal right to compensation. Clinical negligence solicitors usually offer free initial consultations for advice to find out whether you have a good case, how to go about claiming and how much your compensation might be worth. You should receive clear unequivocal advice about your chances of success and the anticipated value of your claim. If after talking to a solicitor, you decide not to take your medical negligence claims further you are normally under no obligation to do so and you will not normally be charged anything at all.

Fatal Injury

The loss of a family member due to medical negligence can have serious financial implications resulting in sudden and unexpected hardship. Specialist medical negligence solicitors can help you to claim the compensation that is your legal right. A fatal injury claim due to negligence can be a complex matter and the value of dependency damages can be substantial. Specialist solicitors have detailed knowledge of these claims however they may call upon the services of forensic accountants who are experts in identifying the contentious issues to prepare reasoned reports to assist in the financial aspects of the case.

Compensation as a result of death is divided into two distinct parts. The first part relates to compensation for the losses of the deceased. The second part is the compensation for any dependents whose lifestyle has been affected by the loss of a breadwinner.

The victim’s part includes compensation for pain, suffering, and distress however if the victim died quickly or did not regain consciousness no compensation will be awarded for pain and suffering. The victim’s financial losses between the date of injury and the date of death, together with the funeral expenses can also be claimed.

The dependents part consists of compensation for the loss of the victim’s financial support since death and in addition to the dependency compensation a statutory sum for bereavement is payable to the spouse of the deceased or to the parents of a deceased minor.

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Andy Glibert