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Clinical Negligence and Dental Negligence Claims
In the majority of cases, medical professionals carry out their work to a high standard - however, sadly mistakes do happen. This can cause pain, personal injury, distress and sometimes death.
If you feel you have incurred an injury due to the actions (or lack of action) of a doctor, nurse, midwife, surgeon or dentist, then you may be able to make a claim.
In our experience, many clients not only wish to pursue a claim for money but also to look for answers, and for the reassurance that what has happened to them will not happen to someone else. Where possible we will seek an explanation and an apology.
Fosters has wide experience in pursuing claims for all kinds of medical mistakes. We also understand the human cost of such mistakes, and provide support and understanding to those affected by clinical negligence (also known as "Medical negligence").
We offer professionalism and expertise, combined with dedication and sensitivity.
We pride ourselves on our persistence, our ability to win difficult cases, and our willingness to “go the extra mile” for our clients.
Types of Claim
Clinical negligence(sometimes known as "Medical negligence") compensation claims can include misdiagnosis, delay in diagnosis, failure to diagnose a fracture, failure to warn of the risks of surgery or treatment, surgical errors, neglect and injuries to a mother or child during childbirth (birth injury claims)
Types of injury include brain and spinal injuries, as well as MRSA or Hospital acquired infections.
Injury can arise from a stay in Hospital, a Nursing Home, a Residential Care Home or from a visit to your GP.
The Law
To pursue a successful claim, we will need to establish certain points.
Firstly, we will need to prove that it was more likely than not ("on the balance of probabilities"), that the Doctor was negligent – namely that the standard of care fell below what could reasonably be expected.
Medical negligence claims can be difficult to prove because it is an acceptable defence if the clinical practitioner can show that the treatment given was in accordance with the views of a “responsible body of medical opinion”. Medical opinion often varies over what treatment is suitable and for this reason, clinical negligence claims can be difficult to pursue.
We then have to show not only that the care received was negligent, but also that the negligence actually caused the injury. The treating Doctor may argue that the injury was as a result of the illness itself, and not from the treatment or lack of treatment, or that the injury would have happened even without the negligence.
Making a Claim
Fosters take on clinical negligence cases either funded by insurance or on a "no win, no fee" basis.
First of all we will get your medical records and study them.
Next we will instruct a specialist medical expert to consider whether the treatment was negligent and if so, what damage was caused.
If we consider there is enough evidence to prove the case for clinical negligence, then we will send a letter of claim to the Defendant. On receiving the Defendant’s response we will consider whether Court proceedings should be started.
Clinical negligence cases can be settled by negotiation ie. without the need to issue Court proceedings, but if the Defendant denies it was at fault, Court proceedings will need to be issued and the matter pursued through the Courts.
For an initial free consultation or to obtain further details, please contact us.
Frequently Asked Questions
The Personal Injury Team
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