Do I have a Medical
Negligence Claim?

To succeed with a clinical negligence claim you must
establish two things:-

1. Breach of duty

You must show that the medical treatment or lack of treatment fell below
what you were reasonably entitled to receive at the time the treatment took place. The medical practitioner must have acted in a way which was not in accordance with the practice of a responsible body of medical opinion.

2. Causation

You must also show that on the balance of probabilities (in other words, it is more likely than not) that the breach of duty caused you to suffer an injury and that you should receive compensation for the injury and the other losses that have been incurred.

Sometimes, in clinical negligence cases, even where the medical service provider has been negligent, the negligence has not resulted in the damage complained of because there was an underlying reason for the damage or the damage/outcome would have been the same in any event regardless of the poor treatment.

Some cases are more straightforward than others. For example, in cases involving patients who have had an operation on the wrong part of their body, or been given too much or too little medication, it is usually fairly straight forward to establish negligence.

Other cases can be very complex. There may be differences in opinions and arguments on both sides. The cases can be complicated and it is essential that you receive expert advice from a Solicitor who is experienced in dealing with clinical negligence claims.

For further information please contact one of the team members Justin Goodman, Frances Letchford, Daniel Isaac, Guy Eskell, Natalie Jones, Joanne Burton or James Wickett or complete our online enquiry form and one of our specialist Solicitors will contact you.