Clinical Negligence

In the majority of cases medical professionals carry out their work to a high standard. However, mistakes do happen which can lead to injury, pain, distress and sometimes death.

If you have incurred an injury due to the action (or lack of action) of a doctor, nurse, paramedic or other medical professional (including dentists) you may be able to claim compensation.

Many clients do not want compensation, only an apology and an explanation. Where possible we will seek an explanation and an apology although there is no legal mechanism to force a doctor or a hospital to do so.

Types of Claim

Clinical negligence claims include missed or delayed diagnosis, failure to warn of the risks of surgery, surgical errors and injuries (to mother or child) during birth.

Injury can arise from a stay in hospital, a nursing home, a residential care home or from a visit to your GP.

You will need to prove that it was more likely than not ("the balance of probabilities test") that the medic was negligent, i.e. that the standard of care fell below what could reasonably be expected.

Clinical negligence claims are difficult to prove because it is a complete defence if a doctor can show that the treatment given was acceptable in the views of a "responsible body of medical opinion" (the Bolam Defence).

If negligence is established you will then need to show that it was the negligence that caused the injury and not some pre-existing condition or intervening event. This is known as causation.

Making a Claim

First we will obtain your medical records to see if there is any indication of potential negligence.

If there is we will instruct a specialist independent medical expert to consider whether the treatment was negligent (liability) and, if this can be established, that the negligence lead to the injury (causation).

We would then use the records and the report to write a letter of claim to the Defendant inviting them to admit liability.

Clinical negligence cases can be settled by negotiation i.e. without the need to issue Court proceedings, but if the Defendant denies it was at fault, Court proceedings may be required.

For an initial chat, to obtain further details, or to arrange your (FREE) first appointment phone us on 0800 214 072 or 01603 620508, or e-mail us.

Contacting Us

Fosters Solicitors team of Personal Injury lawyers have a wealth of experience and knowledge to assist you in relation to any legal query or matter you may have. Call us on 01603 620508 or complete our and a member of the department will be in touch very soon.