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Making a claim for damages for Clinical Negligence

January 18, 2017

In any medical negligence claim the duty is on you, as the Claimant, to prove that the Defendant has been negligent. In order to do this you will require various pieces of evidence.

When receiving a new enquiry, our first step is to carry out a risk assessment. As part of that process, we will consider whether, based on the information you have provided and the research we have undertaken, whether your claim is more likely to succeed than not.   

If we believe that your claim is more likely to succeed at this stage, the next step is to obtain a copy of your medical records. Once received and reviewed, assuming these records support your claim, we will next look at obtaining expert evidence in support of your claim from a specialist in the appropriate area of medicine. That evidence is crucial if your claim is to succeed. Without supportive evidence the claim will fail. Appropriate experts will be instructed to comment on the distinct issues of “breach of duty” (was the treatment you received negligent?) and “causation” (did that negligence cause you harm?) as well as “condition and prognosis” (how has that harm affected you now and in the future?). The number of experts needed will depend on the complexity of your case.

In conjunction with expert evidence we will also prepare a statement from you and, if necessary, others who may have important information about the treatment or care you received. The purpose of this statement is to set out your detailed recollection of events at the earliest opportunity.

The process of obtaining supporting evidence can take several months and in some cases far longer, depending on the complexity of your case and the number of reports required.  Once all the evidence has been gathered we will be in a far better position to assess whether your claim is likely to succeed on your behalf.

Because of the nature of these claims, we will be working closely with you, your family and others affected by the incident for a considerable amount of time.  Because we understand how difficult the process can be, and how frustrating it is when matters appear to be moving slowly, we will keep you fully informed every step of the way. When you instruct a solicitor, you need to ensure that you are confident that they are going to act in your best interests and have the correct level of experience to recognise that providing excellent legal advice and support goes far above and beyond simply knowing the law.

At Metcalfes, our team of experienced medical negligence solicitors are here to sensitively help guide you through any potential claims you may have. We deal with all areas of medical negligence. If you think that you or a loved one has suffered as a result of medical negligence, we may be able to help.

Please contact us on 0117 239 8012.  Alternatively, you can email us by using our online contact form and we will be happy to discuss your potential claim with you.


Website content note: This is not legal advice; it is intended to provide information of general interest about current legal issues.

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Making a claim for damages for Clinical Negligence

Gillian Clark

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