MEDICAL NEGLIGENCE CLAIMS

To succeed in medical negligence claims against a healthcare professional it is necessary to show that the treatment of a patient, under their care, has fallen below the minimum standard which the profession regards as acceptable. A healthcare professional will be judged by average competent standards assessed on the basis of what was known or should have known at the time of the alleged negligence.

If another doctor would have dealt with matters differently, then provided that a reasonable and responsible section of the profession would have done the same thing, that treatment even if it has caused harm, will not necessarily be judged to be negligent. To prove negligence there has to be a situation in which no reasonable doctor, acting competently, would have dealt with things in the same way.

• " Bolam - v - Friern Hospital Management Committee 1957" stated that a doctor must “act in accordance with a practice which is accepted as proper by a responsible body of men schooled in the particular art”.
• "Bolitho-v-City & Hackney Health Authority 1997" stated that where it could be demonstrated that the professional opinion was illogical then the judge can hold that opinion unreasonable.

It is also necessary to show that the accused healthcare professional owed a duty to a patient. The usual doctor/patient relationship is usually sufficient.

In addition to showing that there was negligence it is also necessary to show that the clinical mistake actually caused some injury or harm to the patient. It is necessary to establish the natural progression of the illness and the likely outcome if non-negligent treatment had been given in order to compare the outcome following the negligent treatment.

Compensation that can be claimed includes;

• pain and suffering
• change of lifestyle
• loss of past and future earnings
• prescription charges and medical fees
• costs of assistance for household chores
• travelling expenses
• special care aids and equipment
• cost of care and assistance
• adapted accommodation and transport
• out of pocket expenses

The primary UK limitation period is three years from the date of the negligence however it may be extended in certain cases:

• If an injured person is suffering from mental disability then time does not start to run until mental capacity has returned.
• For those under the age of 18 years the three year period does not start running until the18th birthday. If the claim has not been settled or a legal action for damages has not been issued in the courts by the eve of the 21st birthday then the opportunity to claim compensation will have been lost unless the minor suffers from mental incapacity.
• The courts have wide powers to alter the time limits but rarely is the discretion exercised.

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. Legal Aid is still available for medical negligence claims however less than 1% of UK solicitors are approved by the Legal Aid Board. 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.