Medical Legal Services

Medical Law

Medical & Clinical Negligence claims are different from Personal Injury claims in that they require you, the Claimant, to prove two separate things: that the healthcare professional failed to carry out their responsibilities (Fault) & that this is what caused you to be in the position you are now in (Avoidable Harm).

Medical Law

What is Medical Negligence?

Medical Negligence is when medical professionals make mistakes or fail in their duty of care to you, leading to injury or making an existing condition worse. There are a number of ways that medical negligence can happen, such as misdiagnosis, incorrect treatment or surgical mistakes.

Fault: You may hear your Medical Negligence Lawyer talk about a ‘breach of duty’. This simply means that, for the type of treatment you received, your care fell below the standard expected of a reasonably competent and skilful specialist. In other words, they failed to treat you in the way you could reasonably hope to be treated.

Avoidable Harm: This is also called ‘causation’. It means that you need to show that the negligent care (rather than the underlying condition) caused you harm. This may sound relatively easy, but it can be difficult, particularly when someone was already ill. Your Medical Negligence Lawyer may recommend that you obtain a report from an independent medical expert to help prove these two issues; and we will be able to arrange this for you.

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Medical Negligence Time Constraints

You are usually required to start a compensation claim within three years of the date of your injury or of the date when you first discovered that your injury was the result of clinical or medical negligence. It’s crucial to get expert legal advice as soon as possible after the clinical/medical negligence took place. This will mean the proper steps can be taken to investigate your case fully at the earliest opportunity. Some evidence relies on memory, and it’s always best to record these details when they are fresh. Preparing for a Medical Negligence Claim Your Medical Negligence Lawyer will want to understand fully the impact that the negligence has had on your life, and to make sure that any compensation you receive will cover all your future needs. Preparing a medical negligence case can involve taking detailed statements, obtaining full copies of your medical records and X-rays, and seeking expert opinion. Ensuring that these are done thoroughly may take time. All this will give your claim the best chance of success, and should not deter you from making a medical negligence claim if you want to. Your team at Merlyn Law Firm will arrange all this, so you don’t have to worry. Some people are put off from claim compensation by the thought of having to go to Court. This happens for only a very small minority of cases, in fact the vast majority of our claims are settled without getting as far as Court. Even if you do have to go to Court, Merlyn Law Firms’ Medical Negligence team will help you every step of the way; and ensure that you have the help and support that you need.

The Medical Negligence Claims Process

In our experience, when someone has been affected by substandard medical treatment it’s not always compensation that they want; sometimes it’s simply an apology. On other occasions they want justice to be done, or they want to know that no one else will suffer in the same way. Claiming compensation for clinical or medical negligence will be able to provide you with financial compensation only. However, your Lawyer may also be able to explain what other options are available.

Regardless of whether you start a compensation claim, you are entitled to make a written complaint about treatment received either privately or to the concerned government hospital. Your Lawyer will advise you on how to do this. If you do wish to make a formal complaint, you must do so within six months, so it’s best not to delay. Our clinical negligence team is highly experienced and understanding. We know how devastating it can be to have your life turned upside down through the errors of others. This is why we provide an all-round approach, being in constant communication with you as we guide you through every step of the process.

We know that making a clinical negligence claim may appear a complex and stressful experience, but we are here to provide all of the advice you need and to make everything as simple and hassle-free as possible. We have vast experience in claims of this type, so you can rest assured you are in good hands. In addition to securing financial compensation, we will always try to obtain for you an apology from the negligent health provider involved. We understand that an assurance the same mistake will not happen again is often important. We know that not every clinical or medical negligence claim is the same. From our initial interview, our dedicated and experienced team will evaluate your claim and provide you with comprehensive legal advice. We will spend time getting to know you and your circumstances, enabling us to build a case to get you the best results.

At the conclusion of your clinical negligence claim, we will help you get proper financial advice so you can protect your compensation award for the years to come.

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