COVID-19 Update: Tozers is providing our usual client services while maintaining the safety of our clients and colleagues. Full update here

Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.

Insights

Starting a Medical Negligence Claim

Posted on 02nd October 2020 in Medical Negligence

Posted by

Kate Stone

Solicitor
Starting a Medical Negligence Claim

 

In a claim for clinical negligence it must be proven that:

  • the medical care fell short of that considered reasonable by a responsible body of medical opinion; and
  • that as a result injury was suffered.

If both can be proven, then financial compensation will be paid.

 

Choosing a solicitor

If you wish to bring a claim for medical negligence the first most important step is to choose the right solicitor. 

It is important to choose a solicitor who is a specialist in Erb’s Palsy claims, so ask them about the extent of their experience.

 

Funding

You will first need to decide with your solicitor how the claim will be funded. There are costs involved in bringing a legal claim which include your lawyers fees, Court and expert fees.    

There are different options such as

  • Legal Aid;
  • Conditional Fee Agreements;
  • Legal Expenses Insurance.

Your solicitor should explain these to you.

 

The Case

All cases are different, and the following is only a basic guide as to the key steps.

 

Pre-Action Investigations

Medical experts will be instructed to provide an opinion on the medical care and cause of injury. They will do this based on the medical records, their experience, and your statement of what happened. Even if you are unsure whether you want to bring a claim it is important to write down everything you remember, sign it, date it and keep it safe.

If the expert advises that your care was negligent then your solicitor will send Letter of Claim to the Hospital Trust notifying them of the claim and the likely allegations.  

If the Trust admit negligence, then the case will move on to calculating the damages – which is known as “assessing quantum”.

If the Trust deny negligence, and your solicitor advises that the prospects of winning are sufficient, then the next stage is to bring Court proceedings.

 

Issuing a claim and going to Court

A Barrister will prepare the legal documents to be lodged at Court. The Trust will have to file a formal response to the Claim – a “Defence” explaining why they believe they are not at fault.

The Court will fix a timetable so both sides can prepare the case for Trial. This will include the exchange of key evidence. It can take many months to reach Trial but very few cases get that far. Most cases settle or are discontinued before Trial as each side exchanges and considers each other’s evidence and re-evaluates the strength of their case.

If the case does end up at a Trial, the Judge will hear evidence from the witnesses and experts, consider the medical records and legal arguments made by the Barristers. The judge will then decide whether the Claimant has proven their case "on the balance of probability". If the claim is successful, then judgment will be entered, and the next stage is to assess damages. If the claim is unsuccessful then that is the end of the case, unless there are grounds for appeal, which is rare.

 


 

To raise awareness of this condition and to support the Erb’s Palsy Group we are running a series of articles and videos to raise awareness of this devastating condition.

We have over 25 years’ experience in bringing clinical negligence claims for compensation on behalf of Claimant’s with Erb’s Palsy. We have developed a wealth of knowledge in relation to this condition.

For further advice please contact our specialists on 01392 207 020 at enquiries@tozers.co.uk or on our webiste.

ERBS-logo-08-300x280

Company & Industry

Related Insights

Insights

Unclaimed estates totalling £1.744bn from those without Wills

Posted on 02nd October 2020 in Probate & Wills

It has been reported by a north-east property developer that there are approximately 7,991 estates currently left unclaimed in England and Wales. The total value of which is estimated at £1.744bn, equating to £218,300 per estate. They report that the majority of these estates have been left by single people who have not made a Will.

Posted by

Sue Halfyard

Associate and Chartered Legal Executive
Insights

Q&A with Karen Hillyer Chair of the Erb’s Palsy Group

Posted on 02nd October 2020 in Medical Negligence

We meet with the incredible Karen Hillyer, chair of the Erb's Palsy Group, for an engaging talk about her role and achievements as part of the Erb’s Palsy Group, advice for parents, and how Erb's Palsy Awareness Week could help achieve great results for the charity and those affected by the condition.

Posted by

Clair Hemming

Partner and Solicitor