Medical Negligence Compensation Claims
Over the years, there have been many cases of medical & clinical negligence. From relatively minor incidents to major ones which have led to the unfortunate death of a patient, medical & clinical negligence is a regular occurrence in hospitals and medical centres all over the country.
Examples of medical & clinical negligence include unhygienic conditions in an operating theatre, incorrect administration of anaesthetics, wrong diagnosis of a condition and inaccurate calculations regarding the administered dosage of medicines. Medical & clinical negligence cases are brought generally either as a result of human error or mistakes made by the relevant health authority.
Making a Compensation Claim for Medical & Clinical Negligence
Pattinson & Brewer are highly skilled in making medical & clinical negligence compensation claims, and work on behalf of patients who have suffered a variety of illnesses, injuries and conditions as a result of medical & clinical negligence. We liaise with a range of professionals in the medical sector to ascertain a full picture of the victim’s case.
Our specialist lawyers will then make a claim for compensation for the medical & clinical negligence through the relevant channels. We are fully aware throughout the proceedings that a significant award is required to help with the recovery from every case of medical & clinical negligence.
NHS Medical and Clinical Negligence: Call the Law Experts Immediately
Cases of NHS medical & clinical negligence seem to be all too common these days, with incidences occurring all over the country. On many occasions, the results are disastrous, and can even result in death. For the victims of NHS medical & clinical negligence and their families, the implications are obviously severe.
It may be that the NHS medical & clinical negligence is the result of a mistake made by an individual, such as a doctor, surgeon, nurse, anaesthetist or even a cleaning manager. In such circumstances, a compensation claim for NHS Medical & Clinical Negligence can be mounted against the relevant service provider.
NHS Medical & Clinical Negligence caused by individuals and institutions
There are also many cases of NHS medical & clinical negligence that are caused by local authorities and individual hospitals. For example, one particular health authority may have inadequate training programmes for their staff, resulting in NHS medical & clinical negligence.
The specialist NHS medical & clinical negligence lawyers at Pattinson & Brewer are highly skilled in this often complex area of the law. We look to obtain the highest possible compensation awards in NHS medical & negligence cases, because we recognise that victims, and their families, will need as much financial assistance as possible.
Do I have a Claim?
Negligence has a specialist meaning in law, which is often misunderstood. In the medical context, negligence means treatment or care, which falls below medically acceptable standards. Treatment or care, which is unusual or unconventional, is not negligent if there is a reputable body, even a small body, of medical opinion, which approves it. Negligence does not mean deliberate neglect or indifference by your doctor.
You must also prove that the doctor’s “negligence” directly resulted in injuries. In many cases this will be obvious. There are, however, difficult cases were the doctor’s negligence is only a possible cause of injuries, or only one among many possible causes. In order to succeed you would have to prove what injuries if any were caused by the negligence
If you win your case, the court will award you damages. The amount of damages will be assessed by the judge according to an established legal formula. The purpose of damages is to compensate you for pain and injuries which you have actually suffered and expenses and financial loss which you have experienced as a result.
How will I pay for my claim?
There are four main ways to fund your claim:
No win, No fee
Pattinson & Brewer handles many cases on a No Win, No Fee basis using a Conditional Fee Agreement. We will always tell you if this is the best option for your case. Call or email Linda (contact details at bottom of page) to find out No Win No Fee is right for you.
Pattinson & Brewer has been awarded a new Legal Aid franchise from the Legal Services Commission. We are one of the few firms to have this award and therefore we can investigate the possibility of public funding for your claim. Eligibility will depend on the merits of the claim and your financial situation
Legal Expenses Insurance
You may find that your household insurance policy allows you to pay for a medical negligence claim so it is always worthwhile checking the policy. We will advise you if this is the correct funding option.
If you do not qualify for Legal Aid and you do not have a home insurance policy that covers your claim, we will be able to estimate the initial cost to you for your claim. Once it has been through the initial investigation stages we may then be able to work on a No Win No Fee agreement basis.
What are the next steps?
The steps which a solicitor has to take in bringing a clinical negligence case to trial are the following. But also in accordance with the Clinical Negligence protocol.
- The first step is for us to obtain the complete medical records, which are relevant to your case from the relevant health authorities and from your GP.
- The next step is to instruct an independent medical consultant to examine your medical records and your statements. They will advise whether your care was negligent, if so how and whether you suffered injury as a result. It is very important to select the right person to carry out this task.
- Once we have the expert or experts’ report the next stage will be to involve a Barrister who will prepare an opinion on the chances of success in your case.
- If we agree to issue proceedings then we will do it either by issuing in the High Court or by issuing a County Court depending on the likely value of the claim.
- After arguments have been made the court will issue a timetable for next steps up to the trial date.
How long will my claim take?
No two cases are ever alike. The length of a case depends on many factors and will be unique to your situation. Procedures for getting a clinical negligence case to court are often long, complicated and slow. The Pattinson & Brewer team has a very good reputation for processing cases quickly and will keep you informed at every step of the way.