Understanding Clinical Negligence Claims




Understanding Clinical Negligence ClaimsFinding the right solicitor for your clinical negligence claim requires going outside of the standard selection of law firms that are available to you. These are often complex cases, and it’s more or less a given that the company against which you are filing a claim is going to have the backing of a strong legal team.

With that in mind, it’s important that you are also represented by a strong legal team with your best interests in mind. The last thing that you want is a claims mill that only sees your case as a chance to bring in a bit of extra revenue. Offices like this send one after another claim through the door with little concern for those they represent.

However, a respectable law firm such as Mintons Solicitors will give your case the time and attention that it needs. Solicitors that work for these firms actually make a point of getting to know the people that they represent, and they offer them targeted and highly beneficial support throughout the long (and sometimes distressing) processing of filing a clinical negligence claim.

Defining Clinical Negligence
The exact definition of clinical negligence depends on the jurisdiction under which the claim is being pursued. In the UK, the term is usually used interchangeably with ‘medical negligence’. This is a situation through which a claimant (i.e. the patient) takes a medical practitioner to civil court for compensation.

In order for a claim to be successful, the patient has to be able to demonstrate both liability and causation on behalf of the medical provider:

  • Liability: Must demonstrate that the doctor or nurse acted in a way that another health practitioner would not have. In other words, their actions were in breach standard or widely accepted protocol.
  • Causation: As a result of the actions indicated above, harm was done to the patient. In situations where this cannot be proven beyond all doubt, the claimant must demonstrate that their health practitioners actions were more than likely (i.e. more than a 50% chance) to have caused the harm.

If both liability and causation are successfully demonstrated in a court of law, then the court will rule in favour of the claimant. The court will then attempt to quantify the damage as a settlement paid to the successful claimant.

It’s worth noting that the only outcome for a successful clinical negligence claim is a monetary payment. The court will not (and indeed, cannot) require that the medical practitioner change their protocol or procedures. This is one of the core distinctions between civil and criminal proceedings.

Finding a Law Firm that Takes Your Claim Seriously
Given the complex nature of a case of this nature, it’s important that you partner with a reputable legal team such as the experts at Mintons Solicitors. If, in fact, you do have a strong case, then a team like this is going to stand by you to the end to ensure that you receive the damages that are owed to you.

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