Island knowledge, national expertise

Medical & Clinical Negligence

Medical or clinical negligence can occur when a clinician provides treatment which falls below a standard considered reasonable for the clinician’s experience or specialisation. The clinician may be a doctor or nurse or one of many other medical practitioners such as dentists, physiotherapists, psychologists and consultant surgeons working inside the NHS or at a private hospital or clinic.

Not all mistakes are negligent and not all negative outcomes are due to the negligence of a medical professional. However, if you are concerned about the care you or a member of your family have received, please contact our highly qualified and dedicated team here at Glanvilles Damant.

Along with the types of claim listed here, the team has considerable expertise in claims relating to severe life-changing injuries such spinal and neurological injuries and brain damage. We also deal with claims relating to fatal injuries and have a particular interest in clinical negligence claims involving babies and children. Claims that our team regularly deal with include:

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

Making a successful claim

To establish a claim for clinical negligence, you must prove breach of duty and causation.

Breach of Duty is where the treating clinician did something or failed to do something no other reasonably competent practitioner would have done or failed to do.

Causation is where the clinician’s breach of duty caused you to suffer an injury which you would not have suffered had the clinician provided the correct standard of care.

If you wish to make a claim, the onus is on the Claimant to provide breach of duty and causation. Our team of clinical negligence solicitors will recommend and help obtain reports on your behalf from medical experts. These experts will have specialist knowledge of the area of medicine relevant to your treatment and injury as well as experience of the litigation process. Without such supporting evidence, it will be very difficult to pursue your claim.

How much compensation?

Every claim is different. But as a guide to the sums that can be involved, here are some examples of recent awards given to clinical negligence claims:

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 the negligence of his GP in failing to treat high blood pressure.

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

With regard to your claim, you can be sure that our specialist team will do their utmost to ensure you receive the correct amount of compensation for your injury and any distress you may have suffered.

Who will fund my claim?

The cost of funding a clinical negligence claim can be high. However, there are various funding options available to you.

One of these options could be through an insurance policy you hold that covers the costs of investigating and pursing a medical negligence claim.

Another possibility is our acting under a ‘No Win, No Fee’ agreement. Our specialist clinical negligence solicitors will discuss all your funding options at the initial instruction to ensure you get the form of funding that best suits your needs.

Bringing a clinical negligence claim and gaining fair compensation for it requires considerable experience and expertise. The Glanvilles Damant team of clinical and medical solicitors have both the medical and legal knowledge you need to give your claim the best chance of success.

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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