MEDICAL NEGLIGENCE CLAIMS ADVICE

Law Society Clinical Negligence Panel

The procedure for dealing with medical negligence claims is considerably different from other personal injury cases. This fact is recognised by the Law Society and the Legal services Commission who administer the legal aid fund. The Law Society operates a specialist clinical negligence panel and only panel members are entitled to apply for legal aid on behalf of their clients. Panel membership is reserved for small elite of solicitors representing less than 1% of the profession who are able to prove to the satisfaction of the law society that they are competent and experienced.

NHS Complaints

The first step in pursuing a legal case is for the client to make a complaint to the NHS trust or to the GP. If the answers to this complaint are unsatisfactory then an independent review by the Commission for Healthcare Audit and Improvement can take place. Whist such a complaint will not result in the payment of damages; the written replies often provide valuable evidence upon which a claim for compensation in the county court or in the high court can be made.

Medical Records

Once the results of the complaint are available a solicitor will usually request a copy of the medical records from the health authority. Obtaining records to support medical negligence claims was at one time very difficult and such a request was often refused and an application to the court for release of the records was necessary however most requests are now complied with and the records are sent to the solicitor’s office without further problems. It does sometimes happen that records are split and kept in different locations and a solicitor must be vigilant to ensure that he has a full record.

Consultants Reports

Once the records are to hand the solicitor, who is generally not medically qualified, will peruse and consider them before appointing medical specialists who are usually consultants to report on the clients claim following consideration of the records. The consultant may, after medical examination, request further medical tests before submitting his initial report which deals with his opinion on legal liability.

Court Procedure

If the specialists medical report is supportive of the patients claim then the solicitor will thereafter issue a summons in either the county court or the high court and will follow established protocols, including obtaining a further medical report being an opinion on the patients condition and anticipated progress, until the claim is either admitted by the health care professionals legal representative or is set down for trial in the court. At the trial hearing all parties attend together with their legal representatives and any expert witness whose evidence is not agreed and a full hearing tales place to decide whether or not the defendant is liable in negligence to pay the claimant compensation. The amount of compensation to be awarded in medical negligence claims may be determined by the trial judge just after liability has been established or there may be a separate hearing on another date to establish the damages payment.

Specialist Solicitors

We represent a network of specialist medical negligence lawyers operating throughout the United Kingdom. In England and Wales our solicitors are all members of the Law Society clinical negligence panel and are franchised to make an application for legal aid. Less than 1% of UK solicitors are clinical negligence specialists. If you would like to talk to an expert lawyer just complete the contact form and a solicitor will phone you to give free advice without any further obligation whatsoever.