What are common types of Medical Negligence claims?
Injuries arising from medical negligence can be caused in many different ways but generally speaking, successful claims normally fall into one or more of the following categories:
Failure to Intervene
Breach of Duty
You must be able to demonstrate that there has been a “breach of duty”. In other words, it must be shown that the treatment you received, or the lack of treatment as the case may be, amounted to a negligent failure in care and that no other reasonably acting clinician would have treated you this way. The threshold required to satisfy this element of the test is very high and the law which applies is complex. A clinician will not be found to be in breach of their duty of care if they can show that they acted reasonably and competently in the circumstances. Independent expert evidence is often required to prove that there has been a breach of duty.
You must also demonstrate that the breach of duty directly caused or contributed to an injury, physical or psychological, which would have otherwise been avoided or less severe had the breach of duty not occurred. This is referred to as the “causation” test. Again, the law surrounding causation is complex and you will require specialist advice and expert evidence. Expert evidence will also be required to assess your prognosis, to consider whether there are any treatments which might improve your condition, so that the costs of such treatment can be included within the claim.
There are strict limitation periods which apply to bringing a Clinical Negligence claim, hence why you should seek advice from a solicitor as soon as possible. Generally speaking, you have 3 years from the date of your injury or the date when you first suspected that you might have suffered an avoidable injury due to a medical mistake. The opponent to any claim achieves a very strong defence to a claim where limitation has passed. However, the rules on limitation vary depending on whom the Claimant might be. For example; Children have 3 years from the date of their 18th birthday. Where someone has died as a consequence of the incident, their Estate has 3 years from the date of their death, as long as the incident didn’t occur more than 3 years before their death. Limitation may not apply in cases where the Claimant lacks mental capacity.
Adam is a Clinical Negligence specialist whose practice consists solely of Clinical Negligence claims. His expertise covers all types of injury arising from clinical negligence against: -
- NHS Trusts
- GP Practices
- Doctors in Private Practice
- Dental Surgeries
- Care / Nursing Homes
Why use Setfords for your Clinical Negligence Claim?
No Win No Fee
Adam is able to provide no win no fee funding, meaning reduced financial risks to you.
The amount of compensation Adam Wright has recovered for clients in the last year.
The average amount of compensation per case Adam Wright has managed to recover for his clients.
The number of new clinical claims per year according to NHS Resolution 2018/2019.
No win no fee
If we feel your clinical negligence case has merit, and assuming there are no other methods of funding available, we will enter into a conditional fee agreement (commonly known as a “no win no fee” agreement) with you. This means that you will not be required to pay any legal fees throughout the life of your case, or if your claim is lost. If your claim is successful, you will recover damages and out of those damages you will be required to pay the success fee and part of the insurance premium (the insurance which protects you against the risks of losing the claim). You will keep the vast majority of your damages, guaranteed.
Read More about Clinical Negligence
Setfords specialises in clinical negligence and we handle a broad range of cases from missed fractures to serious brain/spinal injuries resulting in permanent disability. Clinical negligence (also known as ‘medical negligence’) is a complex area of law and requires highly specialised solicitors who understand the medical issues involved. Specialist solicitors must be able to grapple with complicated medical evidence and ensure that the issues are properly explained to clients so they can make informed decisions about their case.