A clinical negligence claim arises when someone seeks financial compensation for harm allegedly caused owing to poor clinical care, whether it is a delayed or incorrect diagnosis or the wrong treatment. In many cases, negligence by hospital claims occur because of substandard communication. A clinical negligence solicitor such as Duncanlewis.co.uk will assist clients in preparing a case.
If a negligence by doctor claim is to be successful, the alleged victim, or the person bringing the case on their behalf, has to be able to prove that negligence occurred on the balance of probabilities. In addition, they must be able to show that there was breach of duty – that the treatment given was treatment that no practitioner acting within reason would have given. There has to be proof that the breach of care resulted in or was a significant factor in the injury, loss or damage that occurred, and that the injury would not have arisen if the breach had not occurred. This is known as causation.
Before a case can reach the court, clinical negligence pre-action protocol can be triggered to help resolve a claim without the stress involved with a court case. There are limits on the time within which the protocol can be used, however, and if it is to work then the two parties must be prepared to cooperate.
Under the protocol, if a patient or their solicitor asks for a copy of the patient’s record and has received the consent to do so, the request has to be acknowledged within 14 days and copies of the records have to be given out within 40 days. If a client wishes to proceed with a claim, a letter of claim must be sent to the clinician outlining the client’s version of events and the compensation they are seeking. Within four months, those acting on behalf of the doctor have to submit a letter of response.
If a case proceeds, a patient is unlikely to have to go to court because the majority of claims are discontinued or are solved using mediation or negotiation before court proceedings can get underway. Negligence solicitors have detailed knowledge of the law as it relates to clinical negligence.
During court proceedings, the clinician will be able to mount a successful defence if they can prove that a responsible body of reputable medical professionals in the field in question would have acted in a similar fashion to them; however, if someone else would have acted differently, this does not automatically mean that clinical negligence occurred. The judge will listen to expert evidence and decide whether the steps taken by the clinician in the course of treatment were the appropriate ones.
Clinical negligence cases are not limited to care in hospitals. A dental negligence solicitor will do their utmost to represent clients as they prepare their case.
If someone thinks that they have been a victim of clinical negligence then they should not hesitate to consult a clinical negligence solicitor, such as Duncanlewis.co.uk, about the possibility of staking a claim.
If a negligence by doctor claim is to be successful, the alleged victim, or the person bringing the case on their behalf, has to be able to prove that negligence occurred on the balance of probabilities. In addition, they must be able to show that there was breach of duty – that the treatment given was treatment that no practitioner acting within reason would have given. There has to be proof that the breach of care resulted in or was a significant factor in the injury, loss or damage that occurred, and that the injury would not have arisen if the breach had not occurred. This is known as causation.
Before a case can reach the court, clinical negligence pre-action protocol can be triggered to help resolve a claim without the stress involved with a court case. There are limits on the time within which the protocol can be used, however, and if it is to work then the two parties must be prepared to cooperate.
Under the protocol, if a patient or their solicitor asks for a copy of the patient’s record and has received the consent to do so, the request has to be acknowledged within 14 days and copies of the records have to be given out within 40 days. If a client wishes to proceed with a claim, a letter of claim must be sent to the clinician outlining the client’s version of events and the compensation they are seeking. Within four months, those acting on behalf of the doctor have to submit a letter of response.
If a case proceeds, a patient is unlikely to have to go to court because the majority of claims are discontinued or are solved using mediation or negotiation before court proceedings can get underway. Negligence solicitors have detailed knowledge of the law as it relates to clinical negligence.
During court proceedings, the clinician will be able to mount a successful defence if they can prove that a responsible body of reputable medical professionals in the field in question would have acted in a similar fashion to them; however, if someone else would have acted differently, this does not automatically mean that clinical negligence occurred. The judge will listen to expert evidence and decide whether the steps taken by the clinician in the course of treatment were the appropriate ones.
Clinical negligence cases are not limited to care in hospitals. A dental negligence solicitor will do their utmost to represent clients as they prepare their case.
If someone thinks that they have been a victim of clinical negligence then they should not hesitate to consult a clinical negligence solicitor, such as Duncanlewis.co.uk, about the possibility of staking a claim.
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