Medical & Dental Negligence
Medical / Clinical / Dental negligence claims differ from standard personal injury claims as the Claimant has to be able to prove two elements of his/her claim – the first, that the healthcare professional has failed to carry out their duty correctly (the Fault/ Blame), and secondly, that it is this Fault that has led to the damage caused (the Causation element).
To succeed in the first argument (Fault), the Claimant must show that the healthcare professional breached his/her duty of care – that the care fell below the standard expected of a reasonably competent and skilled professional doing the same job.
To succeed in the second argument (Causation), the Claimant must prove that the breach of duty has led to damage – ie. Unnecessary injury/ suffering, a worsening of a condition, a new condition arising etc..
The Claimant will normally require a great deal of medical opinion from one or even several different disciplines of medical experts in order to successfully argue his/her case.
Be aware that there are strict timescales for bringing a claim for medical negligence. A Claimant will only have 3 years from the date of the alleged negligence, OR the date that the Claimant should have been aware/ discovered the link between the negligence and the damage. It can often be quite difficult to pinpoint when exactly this 3 year period started to run, so if you believe you may have a claim, take legal advice as soon as possible.
“I recommend this company. Karen dealt with my negligence claim professionally. She was always available to answer any questions & advised me clearly.
Karen had a very approachable manner which was much needed in my case I would definately recommend anyone to use this company and couldn’t have asked for a better service.”