Medical Negligence Claims - Personal Injury Solicitors

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Medical Negligence

Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient.

A doctor would be liable for (depending on the circumstances) such things as prescribing experimental drugs and performing cosmetic surgery.

We deal with all Medical Negligence claims under, a no-win, no-fee basis which ensure you receive 100% of the compensation that you are awarded. We provide a completely free service to you. Please Call us now on Freephone 0800 975 5764 or contact us using this Form for a free consultation with a personal injury solicitor that specialises in Medical Negligence claims.

Our Medical Negligence Solicitors know that making a claim for clinical or NHS medical negligence can be daunting especially when you have already been through a stressful and unpleasant time. Our aim is to investigate the nature of the problem, advise you what you may be entitled to and then help you through the compensation claims process to ensure a prompt resolution of your problems.

To establish sufficient causation for a successful claim, the general standard is that on the ‘balance of probabilities’ the negligence was a material cause of the harm. If there was only a ‘loss of a chance’ (i.e. correct treatment of the claimant’s condition would only have had a small chance of success anyway), it is unlikely there will be sufficient causation. If the claimant was particularly vulnerable to a certain disease or illness due to a pre-existing condition, it will be difficult to establish causation if their condition was likely to deteriorate in any event.

Medical negligence claims are particularly complex due to the scientific issues involved – experts frequently disagree about material causation, so there is often little certainty in this area of law. In addition, the long-term effects of injuries due to medical negligence are often not ascertainable for several years. For these reasons claims tend to take a long time to settle and often settlements are made on an interim basis with subsequent revisions..

In order to successfully establish the compensation due to injury suffered as a result of medical negligence, you are required to establish four elements of the act of negligence as follows:

A duty was owed - a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.

A duty was breached – the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors (the doctrine of res ipsa loquitur or the thing speaks for itself).

The breach caused an injury – The breach of duty was a proximate cause of the injury.

Damages – Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damages can occur without negligence, for example, when someone dies from a fatal disease.

If a Veja & Co personal injury solicitor believes that you have a viable claim for personal injury due to faulty product, we will take on your case and handle your claim on a no win no fee basis. You will receive 100% of the compensation that you are awarded.

You can claim compensation even if you think that you may have been partially to blame. It's important to know where you stand, so please call us for a free consultation with one of our solicitors on the freephone 0800 975 5764 or send us a completed form using this link, if only to put your mind at rest.