Island knowledge, national expertise

Clinical & Medical Negligence

Medical negligence, also known as clinical negligence covers many areas of work carried out by medical professionals. Not only does this cover work carried out by doctors and nurses but can also be work carried out by other medical professionals such as dentists, physiotherapists, psychologists and consultant surgeons working at private hospitals.

Negligence can occur when a treating clinician provides treatment to a patient which falls below a standard considered as reasonable for the clinician’s experience and specialism. You must remember that not all mistakes are negligent and not all negative outcomes are due to the negligence of a medical professional.

Our dedicated team here at Glanvilles Damant are happy to deal with your enquiries regarding potential claims. If you are concerned about the care that you or a member of your family have received, please do not hesitate to make contact with our highly qualified team. Our team deal with claims relating to severe, life-changing injuries such as spinal injuries, brain damage and neurological injury and fatal injuries. We also have a particular interest in clinical negligence claims involving children.

The types of claims that our team regularly deal with are as follows:

We also regularly attend Inquests to represent families in relation to the death of a family member.

What you have to prove for a successful claim

You must prove both breach of duty and causation in order to establish a claim for clinical negligence.

Breach of duty – you must prove that the treating clinician did something or failed to do something which no other reasonably competent practitioner would have done or failed to do.

Causation – you must prove that the breach of duty on behalf of your treating clinician caused you to suffer an injury which you would not otherwise have suffered. In other words, you would not have suffered your injury if the clinician had provided the correct standard of care.

If you wish to bring a claim, the onus is on the Claimant to prove their claim. You will require supportive medical evidence to prove your claim. Our solicitor’s will recommend obtaining expert reports from independent medical experts who have both a specialist knowledge of the area of medicine relevant to your treatment and injury and experience of the litigation process. Without supportive expert evidence, it will be very difficult to pursue your claim.

How Much Compensation Will You Receive?

Every claim is different. Our specialist team of solicitors will do their utmost to obtain the correct amount of compensation for your claim.

Examples of recent awards in clinical negligence claims are as follows:

An award of £8.6 million for a child with cerebral palsy.

An award of £1.5 million for a man who suffered a stroke due to negligence following a heart bypass procedure.

An award of £500,000 for a child who suffered brain damage after a GP negligently failed to refer her to hospital with symptoms of dehydration.

An award of £750,000 for a man who suffered a stroke following negligence of his GP in failing to treat high blood pressure.

An award of £220,000 for a delay in diagnosing and treating malignant melanoma of our client’s knee.

How Will fund a Claim for Clinical Negligence?

The cost of bringing a clinical negligence claim can be high. There are various funding options available to you.

You may have an existing insurance policy which covers the costs of investigating and pursuing a medical negligence claim. We may be able to act under a no win no fee agreement and will take out an After the Event insurance policy to cover the cost of dealing with your claim. We will explain how this method of funding a claim works when we met to discuss your claim.

Legal Aid is now limited to birth injury cases.

Our Specialist Clinical Negligence Solicitors

Bringing a claim for clinical negligence is very different to pursuing other types of personal injury claims. We cannot stress enough to you how important it is to find a solicitor who has expertise and experience of dealing with clinical negligence claims. An experienced solicitor who specialises in these types of claims will have both medical and legal knowledge.

We will discuss all of your funding options with you at initial instruction to ensure that you get the best form of funding available which best suits your needs. 

To find out more about how we can assist you with clinical negligence matters, please contact us to make an appointment.

 

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