• Medical Negligence
• Cerebral Palsy
• Erbs Palsy
• Kernicterus
• Obstetrics & Gynaecology
• Cancer Negligence
• Brain Haemorrhage
• Surgery & Laparoscopy
• Medical Product Liability
• Mens Health
• Accident & Emergency
• General Practitioners
• Anaesthetic Awareness

For a medical negligence solicitor to succeed in a personal injury claim it is necessary to place the blame for the injury on a healthcare professional by establishing liability. This is done by showing that the other person was negligent in so far as they failed to take reasonable care to avoid acts and omissions which would be likely to cause injury and that the lack of care actually caused the injury. Once liability has been proved the only matter that remains for a medical negligence solicitor is establishing the value of the claim.

The standard of care provided by a healthcare practitioner is measure against the treatment that would have been provided in similar circumstances by other reasonably competant practitioners. The mere fact that treatment failed whereas alternative treatment may have succeeded is not sufficient to prove negligence if a respected body of medical opinion supports the failed treament, provided that the treatment is logical.

There are time limits placed on medical negligence compensation claims which must be settled, or proceedings must have been issued within the limitation period. Time starts running following the act that caused the injury or following discovery of the injury. There are exceptions for those under the age of 18 years and for the mentally incapacitated. Judges also have a wide, but rarely exercised, discretion to alter or amend the time limits in a medical negligence compensation claim.

Medical negligence solicitors divide damages into two main categories:

• Special Damages represent compensation for losses that can be calculated with some degree of accuracy as opposed to being assessed or estimated. These losses are proved by production of receipts or estimates. Interest is payable on special damages and runs from the date ofbthe accident and future losses can also be claimed. Special damages awards may include;

  • general expenses
  • adapted accommodation and transport
  • medical therapies
  • traveling expenses
  • loss of earnings
  • medical charges
  • aids and equipment
  • care and assistance
  • assistance for household chores
  • vehicle hire

• General Damages represent compensation for items that cannot usually be calculated precisely. Interest is payable on special damages from the date of the issue of proceedings and future losses can be claimed. These damages are assessed following consideration of previously decided cases and by reference to ‘The Judicial Studies Board Guidelines’ and may include:

  • 'pain and suffering' for both the initial injury and for any ongoing suffering or disability
  • 'loss of amenity' is payment for not being able to do the things that contribute to the enjoyment of life.
  • 'disadvantage on the open labour market' which means that if there is a possibility of change of employment in the future and the injury may restrict opportunity then a sum for damages is payable.
  • 'loss of congenial employment' is appropriate when the employment provides specific job satisfaction and can no longer be pursued as a result of the injury.

Our specialist medical negligence solicitors are able to deal with a wide range of personal injury claims. If you've been injured as a result of negligence by a healthcare professional, we can help you to preserve your legal right to compensation. We offer free consultations for advice to find out whether you have a good case, how to go about claiming and how much your compensation might be worth. We will give you clear unequivocal advice about your chances of success and the anticipated value of your claim. If after talking to us you decide not to take your medical negligence compensation claim further you are under no obligation to do so and you will not be charged anything at all.