Here we outline the basic legal position regarding medical negligence claims
The information below will provide you with an understanding of the duty of care that is owed to you by medical professionals.
In order to make a claim for medical negligence, certain factors must be in place. Most importantly, liability needs to be established.
A qualified clinical negligence lawer will be able to confirm whether your claim has any prospects of success. This can only be measured once a detailed history of the case has been taken.
Why not make an enquiry today:
- GP Negligence
- NHS Complaints
- Consultant Negligence
- Doctor / Nursing staff errors
- Dental Mistakes
- Physiotherapist Negligence
- Chiropractor / Osteopath
Very often it can take time to properly establish liability. This is because most cases are usually complex in nature and initial investigations need to be carried out in many cases. These investigations can involve reviewing the claimants medical records (GP notes etc) and asking the claimant to undergo a medical examination. See Causation and Standard of care.
In order to win the case you must show that a "standard of care" was owed to the claimant by the defendant (medical professional) and that this standard was breached.
If it becomes clear that a claim will not proceed because of legal constraints or limited prospects of success, it may still be possible for a person to complain. We can help you with general advice on the complaints process if we are unable to proceed with a formal claim.