Making a Claim for Clinical Negligence
The prospect of bringing a claim for clinical negligence can be intimidating but with the right advice and assistance from a specialist solicitor at the outset, the process is much less daunting.
Should I Pursue A Claim For Clinical Negligence?
If you feel you have suffered harm as a result of medical treatment you may or may not have received, you should contact a Solicitor for a discussion about what you feel has gone wrong. If it is felt that there are potential grounds to pursue a claim for clinical negligence, we will discuss the funding options for bringing the claim with you. Most cases we bring are funded by a “No Win, No Fee” Agreement.
How Do We Proceed If You Want To Pursue A Claim?
The next step will be to obtain a full set of your medical records. These will then be considered by the solicitor with the conduct of your case and forwarded to an independent nursing expert for consideration and sorting into chronological order.
To successfully bring a claim, it is necessary to show that the treatment, or in some circumstances the failure to treat you, was negligent and amounts to a breach of duty. Establishing breach of duty requires an expert of the same expertise as the Defendant Doctor to confirm the treatment was negligent. In addition to this, it is necessary to show that any breach of duty caused you some harm. Independent experts will be instructed to advise on these issues. Very often, reports from more than one expert will be required before we can establish if you have a case.
Provided that the evidence obtained is supportive, we will go on to obtain further medical reports so we can value your claim. This will involve experts reporting on the harm you suffered, how you are now and whether you will make a full recovery.
The next step will be to obtain details of any financial losses you have suffered as a result of the identified harm. This could include travel expenses and loss of earnings as well as any care needs you now have. We may require further expert evidence at this stage to calculate these losses.
What Happens Once The Evidence Has Been Gathered?
Once there is sufficient evidence to support a claim, we will send a letter of claim to the Defendant. This will set out why we are alleging the Defendant was at fault and give some details of the harm we are saying has been suffered. The defendant will have 4 months to investigate and to provide a response confirming whether they accept or intend to defend the claim.
Does The Court Get Involved?
If the Defendant accepts the claim, we will attempt to negotiate a settlement on your behalf once we have all the evidence to support it. If the Defendant denies the claim or we are unable to agree the damages you should recover, we will need to start Court proceedings, provided your case continues to be supported by the experts instructed.
Once proceedings have been issued, the Court will set a procedural timetable. This will direct when the parties must exchange documents, witness evidence and expert evidence as well as stating when both sides’ experts must meet to discuss the case to try and narrow the issues. In addition, the timetable will stipulate when the matter is likely to be listed for a Trial. A Trial is the stage at which a Judge will determine the merits of your claim, as well as how much you are to receive, in the event you succeed in proving negligence, if it has not been possible to settle your case before then.
How We Can Help?
If you feel you have suffered injury as a result of medical treatment you have or have not received, please contact us on 01283 214231 or via email at legal@timms-law.com.
Alicia Sharman
June 2023