Clinical Negligence
Specialist representation for medical negligence claims involving substandard healthcare, misdiagnosis, surgical errors, and birth injuries.
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Clinical Negligence
Clinical negligence occurs when healthcare professionals fail to provide care that meets accepted medical standards, causing avoidable harm. We specialise in complex medical negligence cases, working with leading medical experts to secure maximum compensation for patients and families affected by clinical negligence.
Key Services
- Hospital treatment negligence
- GP misdiagnosis claims
- Surgical error compensation
- Birth injury cases
- Delayed diagnosis claims
- Medication error cases
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Understanding Clinical Negligence Law
The Bolam and Bolitho Tests
The Bolam test establishes that healthcare professionals aren't negligent if they act in accordance with practices accepted by responsible medical professionals. However, the Bolitho refinement means courts can reject medical opinion if it lacks logical basis. We work with leading medical experts to demonstrate when treatment fell below acceptable standards.
Causation in Clinical Negligence
Proving negligence caused your injury is often the most challenging aspect of clinical negligence claims. You must show that, but for the negligent treatment, the injury wouldn't have occurred, or that negligence materially contributed to harm. Loss of chance cases involve proving reduced prospects of successful treatment.
Maximising Clinical Negligence Compensation
Calculating Future Care Costs
Serious clinical negligence cases require detailed assessment of future care needs including medical treatment, therapy, equipment, and support services. We work with care experts and medical professionals to develop comprehensive care regimes that ensure you receive appropriate support throughout your life.
Birth Injury Claims
Birth injury cases involving cerebral palsy or other serious conditions require particularly careful assessment of lifetime needs. Awards can exceed £10 million for the most serious cases, reflecting the extensive care and support required. We specialise in these sensitive cases, working with leading obstetric and paediatric experts.
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Additional Information
Our Process
Clinical negligence claims begin with careful case assessment using medical records and expert opinion. We obtain all relevant records, instruct appropriate medical experts, and build evidence demonstrating both negligent care and causation. The process involves detailed investigation, expert reports, and often lengthy negotiations before resolution.
Timeline
Clinical negligence claims typically take 2-5 years to resolve due to their complexity. Investigations can take 12-18 months, with subsequent negotiations or court proceedings adding further time. Birth injury cases often take longer due to the need to assess long-term prognosis and care requirements.
Costs & Fees
We offer no win, no fee arrangements for clinical negligence claims, with after-the-event insurance covering opponent costs if unsuccessful. Given the complexity and expert costs involved, proper funding arrangements are essential. Legal aid may be available in exceptional circumstances.
What You'll Need
- Complete medical records from all treating hospitals/GPs
- Details of symptoms, treatment, and ongoing problems
- Names and addresses of all healthcare professionals involved
- Impact statement detailing how injuries affect daily life
- Employment records showing financial losses
- Details of ongoing treatment and care arrangements
- Any other relevant medical or care documentation
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