What kinds of case constitute clinical negligence?

Sometimes things go wrong during medical treatment that breach the “duty of care” medical professionals owe to patients. There are many types of cases, but some common examples include:

• Injuries sustained by a mother or baby during childbirth
• Missed fractures
• Delayed diagnosis of cancer
• Surgical errors
• Poor cosmetic surgery

What can cause cerebral palsy and brain injury in children at or around the time of birth?

A delay in the delivery of a baby can cause asphyxia and a lack of oxygen to the brain, which can lead to the onset of cerebral palsy. Clinical negligence cases can be brought if this occurs due to negligence.

Should I make a complaint about my medical treatment?

The NHS has a complaints procedure that you can use. It is possible to ask a solicitor to investigate a claim at the same time as making a complaint and he or she will often assist with both.

How can I win a clinical negligence claim?

We have to meet the legal test by showing, through independent, expert medical evidence, that the treatment was so poor no reasonable or responsible doctor would have treated their patient in the same way. We also need to know that the injury was avoidable.

How long do I have to bring a claim?

This is usually three years from the date of the incident (for example, an operation) or from the date you realised you had sustained an injury as a result of negligence. This period is extended for children and those who are mentally incapable. It is important that legal advice is obtained quickly so that any limitation period can be properly assessed. The court will sometimes extend time limits for deserving cases.

Members of the medical profession always stick together, don’t they?

This is not necessarily true. Expert, independent doctors provide truthful and helpful views about the medical care involved in a particular case and with this support it is possible to win a clinical negligence case.

How long will it take to pursue a case?

Investigating a claim can take up to 12 months. If supportive expert evidence is received, a formal Letter of Claim will be sent and then the ball will be in the defendant’s court regarding an admission of liability. It is important that your solicitor continues to put a persuasive case to the defendant with a view to reaching a negotiated settlement.

Will my case go to court?

The vast majority of claims do not require a trial. If supportive expert evidence is obtained, it is likely that the case will settle out of court.

What if I need help with rehabilitation?

Your solicitor should be able to help with this, especially if fault has been admitted. The wheels should be set in motion by your legal adviser, to help you recover as much quality of life as possible, as soon as it can be done. Clinical negligence claims are often about more than achieving monetary compensation.

Who pays for bringing a compensation claim?

If the case is successful, your solicitor will look to the defendant to pay your fees and will provide further advice about funding the case. If the claim has good merits, there will usually be an appropriate funding method available to you.