Medical negligence solicitors play a critical role in providing support and advocacy for those who have suffered injury or loss because of medical negligence. Their specialist expertise helps to ensure that victims of medical negligence receive the compensation they deserve and their work highlights issues that occur in the healthcare setting. This assists with promoting higher standards of care.
Understanding Medical Negligence
Medical negligence occurs when a healthcare professional fails to provide the requisite standard of care, resulting in harm to the patient. The legal tests which need to be overcome to successfully establish medical negligence are that (i) there has been a breach of duty and (ii) causation.
The legal test sets a high bar to establish that there has been a breach of duty of care. It must be proven that (a) there is a usual and normal practice; (b) there has been a departure from that usual and normal practice; and, of most importance (c) that the departure is one which no healthcare professional of ordinary skill would have made if acting with ordinary care. In essence, it is not a gold standard and if a healthcare professional has met the ordinary standard, then there is no breach.
To establish causation, it must be proven that the alleged breach of duty has caused or materially contributed to a worse outcome i.e. a loss. The law does not require this to be proven with absolute certainty. The standard of proof is “the balance of probabilities”.
Types of medical negligence claim include misdiagnosis, surgical error, medication mistakes, or inadequate aftercare. The consequences can be devastating, leading to prolonged pain and suffering, additional medical costs, and even loss of life.
The role of your Medical Negligence Solicitor
When we explore whether it can be proven that there has been a breach of duty and causation, we require independent medico-legal experts from whom we seek opinion on the legal tests that need to be satisfied. Medical experts will consider the factual evidence which includes the patient’s complaints about their treatment and medical records and opine on whether the standard of care was breached. This evaluation is crucial in deciding whether there are prospects of a claim for medical negligence.
Many medical negligence cases settle out of Court. Your solicitor will negotiate with the opposing party to achieve fair settlement that compensates the victim for their suffering and financial losses. If a case goes to Court, your solicitor and legal team will represent you. This involves presenting the evidence, examining and cross-examining witnesses, and making the necessary legal arguments to advocate for your claim for compensation.
In addition to their legal expertise, your medical negligence solicitor will recognise the emotional toll that can be caused by the aftermath of medical negligence. Your solicitor will provide compassionate and trauma-informed support to help you navigate the emotional challenges of pursuing a claim for medical negligence whilst carefully explaining to you the legal aspects of your case.
Medical negligence solicitors are central in the pursuit of justice for victims of medical negligence. Their specialist expertise, commitment, and compassionate approach ensure that those affected by medical negligence receive the support they need to rebuild their lives. Whilst principally their role is to secure compensation for their clients, this can assist with driving positive change across the healthcare sector.
How can we help?
If you think you may have a medical negligence claim, you may be entitled to claim compensation.
To discuss your specific circumstances with a member of our understanding team, call us on 0800 988 8082 or complete our online enquiry form and we will get back to you right away.
