UK CLINICAL NEGLIGENCE COMPENSATION
SOLICITORS PERSONAL INJURY CLAIMS



Specialist solicitors claim millions of pounds every year for unfortunate patients who have been the victims of negligent healthcare providers. Only a small percentage of clinical negligence compensation solicitors are authorised to use the Legal Aid scheme, while 'no win, no fee' cases are now the norm owing to the financial restrictions on Legal Aid. Legal proceedings have to be issued within three years of an injury being discovered or the claim will become statute barred.


Damages Awards


Clinical negligence compensation solicitors represent clients across the spectrum of medical procedures, with gynaecology and birth injury claims high on the list. The most common claim is for surgery with open surgery, laparoscopy and cosmetic surgery being every day examples of common negligent failings by healthcare providers. Clinical negligence compensation claims will typically cover loss of income, future care, pain and suffering both past and anticipated in the future including psychological discomfort, medical expenses, legal expenses and a sum for a reduction in the quality of life. Actually determining the damage caused is often very difficult as the patient was already ill at the start of the defective treatment. Separating the harm done by the treatment from the natural course of the illness is a job for very experienced senior medical consultants.


Duty of Care


Clinical negligence compensation solicitors specialise in the law of tort wherein claims arises when one person owes another person a duty of care and breaches that duty which results in reasonably foreseeable harm arising as a result of that wrongful behaviour. A medical negligence claim arises as a result of the failure of a health care provider or health care professional to treat and care for a patient with a reasonable degree of skill and care and legal action can be taken if injury results that is directly attributable to that lack of care. If a doctor, dentist, nurse, consultant, surgeon or technician was careless, lacked proper skills or disregarded established rules, during your stay in hospital then there may be a finding of medical negligence if harm that can be attributed to the poor performance results.


Is Failed Treatment Negligent?


The mere fact that a particular treatment failed whereas an alternative treatment may have succeeded is irrelevant. It is only necessary for the doctor to prove that his course of action was reasonable and not aberrant for him to establish a defence to an action for medical negligence. The standard of a doctor or surgeon's care is measured against that of other competent doctors sand if a significant body of fellow practitioners would have acted in the same way confronted with the same circumstances a practitioner will not be found to be negligent.

IMPORTANT NOTICE

This website is for information only and does not contain medical or legal advice which should only be obtained from a qualified professional person. This website does not recommend any individual medical or legal professionals and does not refer matters on to any medical or legal professionals. This website is not intended to endorse any person, association or firm.