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Medical & Clinical Negligence Claims
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Bringing a Medical/Clinical Negligence Claim
This does not just apply to doctors, surgeons and nurses, etc, but
also to other forms of medical treatment including dentistry,
opticians, psychiatrists, midwives and physiotherapists.
The medical profession, like everyone else, owe their patients a
"duty of care" - a duty to ensure that they receive proper
treatment, in the proper manner. If they breach this duty (i.e.
medical/clinical negligence) and the person they are treating
suffers in any way as a result, then the victim has a potential
claim for medical/clinical negligence. It all comes down to trying
to establish whether the action taken, or not taken, was
reasonable in all the circumstances. Some medical/clinical
negligence cases will be more straightforward then others -
administering the wrong medication, or giving too much or too
little medication, are fairly straightforward cases in which
medical/clinical negligence is likely to be easily established.
More difficult cases include, for example, possible claims for
MRSA infection.
Whilst most would accept that the medical profession have a
difficult and evermore demanding job, it is perfectly legitimate
to make a medical/clinical negligence claim where things have gone
wrong through carelessness, neglect or incompetence.
The
initial investigation
Medical/Clinical Negligence is sometimes easy to identify but often it is not. In
those cases, your solicitor will need to undertake an initial
investigation into the medical/clinical negligence claim before they can advise you
whether or not you have a good case.
1. Your Statement
Your solicitor will initially need to speak to you in order to
obtain your instructions on what has happened. He or she will then
prepare a statement (a written version) setting out your
recollections and thoughts on what has happened to you. In many
medical/clinical negligence claims this can be a lengthy document .
2. Medical Records
Your solicitor will then need to obtain copies of your medical
records. Often your GP’s records are required. Where you have had
treatment at a hospital these will also need to be obtained.
3. Medical Report
Your solicitor will need to obtain a report from a specialist
medical practitioner on the standard of care given and whether or
not that standard of care fell short of that which is considered
to be reasonable in this country. Secondly your solicitor will
need to obtain evidence as to whether or not that medical/clinical negligence
caused or contributed to your injury or loss.
Sometimes it may be necessary for reports to be obtained from more
than one expert.
Although it is difficult to be exact about how long the
investigation will take, it is likely to be in the region of
six/twelve months. The reason for this is that most medical
experts have long waiting lists and are not therefore able to
produce their reports until some months after receiving
instructions in a case.
Once the initial investigations into your claim have been
concluded, your solicitor can then advise you as to the strengths
and weaknesses of your medical/clinical negligence case. They will also then advise you as
to what needs to happen next in order to take your case forward.
Usually this will involve contacting the doctor or hospital to
advise them of the claim and to see whether or not liability is
accepted and settlement likely. In the event that liability is not
accepted, your solicitor will advise you as to your further
options such as issuing court proceedings.
In medical/clinical negligence claims, you have a
period of three years from the date of the negligent treatment or your
knowledge of the negligent treatment, if later, to bring your medical/clinical negligence case
to the attention of a court by commencing court proceedings, failing which you lose the right to bring your claim. Sometimes the court has a discretion to
extend this period but those occasions are limited.
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The Accident
Solicitors, the brand, is part of Antrobus
Solicitors, a firm regulated by the Solicitors
Regulation Authority. Details of the
professional rules which regulate solicitors can
be found at the following website address:
http://www.rules.sra.org.uk |
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