If you are you considering a Clinical Negligence claim, the law only enables you to claim compensation if “on the balance of probability” your medical treatment was carried out negligently and this caused your injury.
Claims must be made within 3 years from when you first realised you had suffered an injury. In the case of children under 18, they can make a claim at anytime up to their 21st birthday.
Negligence and Causation
For a successful claim you need to prove both Negligence and Causation.
Negligence – that the medical attention you received fell below acceptable standards.
Causation – that the negligence directly resulted in an injury to you.
It is not enough to prove negligence, you must also prove that you received an injury as a result.
Examples of Clinical Negligence
- Failing to diagnose your condition or making the wrong diagnosis
- Making a mistake during a procedure or operation
- Giving the wrong drug
- Failing to warn about possible risks or side effects
Initial action to take
Upon making a formal complaint, you should receive an apology, an explanation and assurances that the problem has been addressed.
If there has been negligence, compensation may be due to you and legal action may be required.
Instructing a Solicitor
Legal action can be costly, lengthy and very stressful. Your specialist Clinical Negligence solicitor will assess the strength of your case and possible value of the damages. They will need the positive opinion of an independent medical expert. If a supportive report cannot be obtained, then your case will not succeed.
- Details of any injury sustained, the treatment received and your current condition.
- All expenditure resulting from injury, including all prescriptions, travel costs to hospital etc.
- Any loss of earnings and any state benefits received.
- People caring for you and the number of hours they help.
- Any activities or work you are unable to do as a result of the injury.