For a case of clinical negligence to be proved:-
- There must be a duty of care which is owed by the Doctor (or healthcare provider) to you
- The treatment given to you must have been negligent
- The clinical negligence must have caused by (or contributed to) the injury for which you are claiming compensation
- A claim must normally be made within three years of the incident or your eighteenth birthday
- The general standard of proof is that on the ‘balance of probabilities’ the clinical negligence was a material cause of your injuries
- If there was only a ‘loss of a chance’ (i.e. correct treatment of your condition would only have had a small chance of success anyway), it is unlikely you will have a claim
- If you were particularly vulnerable to a certain disease or illness due to a pre-existing condition, it will be difficult to win a claim if your condition was likely to deteriorate anyway
Medical negligence claims are particularly complex due to the scientific issues involved:-
- Experts frequently disagree
- The long-term effects of injuries due to clinical negligence are often not clear for several years - so claims can take a long time to settle and often interim settlements are made with later revisions
- Structured Settlements are often used in clinical negligence cases
Please contact us to discuss how our Clinical and Medical Negligence Solicitors might be able to act on your behalf if you have been a victim of negligence.
