CLINICAL NEGLIGENCE SOLICITORS
For UK clinical negligence solicitors to claim compensation on behalf of a client it is necessary to show that the patient is more likely than not to have suffered injury which they would not otherwise have suffered and that the injury was caused by negligent medical treatment.
A healthcare professional is negligent if they have fallen below the minimum standard of skill or care which the medical profession regards as acceptable. This means that a doctor is judged by the standards of an average competent doctor assessed on what the doctor knew or should have known at the time. It is not sufficient just to find another doctor who would have dealt with matters in a different manner. To prove liability there must be a situation in which no reasonable doctor, acting competently, would have dealt with things in the same way. If there are a number of other possible alternative methods of treatment that are accepted by a body of the medical profession then there may be no negligence if the alternative method fails, provided that the alternative method stands up to logical analysis. The mere fact that treatment fails does not necessarily give rise to a successful claim for compensation for medical negligence.
It is also necessary to show that harm has been done to a patient by the doctor’s lack of care and this can be a difficult proposition due to the fact that the patient was already ill at the start of the treatment in question. It is usually necessary to show the natural progression of the underlying condition and what the outcome would have been if proper treatment had been given thereby establishing what difference the actual treatment has made. It must also be shown the a duty of care exhists however the normal relationship between a doctor and patient is usually suffient.
Clinical negligence solicitors claims can be financed by a number of different methods including;
Legal Expenses Insurance: Household contents insurance policies often provide legal expenses insurance cover for taking action in the courts for claims for medical negligence.
Trades Union Legal Aid. Union members may qualify for legal assistance to obtain advice and take legal action in the courts.
Legal Aid: Is still available to take action for claims for medical negligence. Legal aid is means tested and may involve a financial contribution however claims on behalf of children will normally receive full legal aid with no contribution as only the child’s income and assets are taken into account.
No Win No Fee: Clinical negligence solicitors claims can be made using a conditional fee agreement which may mean little or no financial risk.
The medical profession usually provides a caring service with a high standard of excellence however there are occasions when things go wrong. We are a national network of independent solicitors who deal with clinical negligence compensation claims and we are all members of The Law Society panel of medical negligence experts. We are franchised to make an immediate application for legal aid and for those who do not meet the financial criteria for public funding we are prepared to consider talking action under the no win no fee scheme. If you would like free advice direct from a specialist solicitor with no further obligation just complete the contact form and a clinical law expert will contact you as soon as possible.
LEGAL AID COMPENSATION CLAIMS
|