Christopher Law
Medical Negligence
OUR SERVICES
Most people do not experience any issues with the care provided by healthcare professionals. Sadly, sometimes incidents occur giving rise to concerns regarding the care or medical advice given.
At Christopher Law, we understand the impact this has on our clients, their lives and their ability to trust healthcare professionals for ongoing and future care. From our experience, we know that taking steps to making a claim for clinical negligence is a difficult decision for clients and relatives to make due to not being familiar with the process. We have an approachable and friendly team who will guide you through the process, step by step.
Often, our clients have already been through the NHS complaints procedure to obtain explanations about what went wrong. We encourage our clients to at least give this process some thought as it can help narrow down the concerns and help them make an informed decision on how to take their outstanding concerns further.
From the outset, we explain to our clients that making a claim can be a very stressful and lengthy process, as that is the nature of litigation. We also highlight that legal action cannot force a hospital or a specific individual involved in the care received, to apologise. Sadly, it also cannot force a change in practice, which is unfortunate, as we strongly believe each claim we dedicate to pursue, carries valuable learning points to take on board and influence positive change. In taking legal action, Christopher Law can help you obtain compensation for the injuries and financial losses you suffered because of the negligence.
The initial stages of investigation can often take 18-24 months to complete before we can fully advise on whether the claim can meet the legal criteria to succeed with a case. We will carefully manage your expectations every step of the way and provide our impartial, honest and realistic advice on how to proceed.
Christopher Law
Who can claim for compensation?
The person who received the medical care. The parents of minors on behalf of their children. The executor, personal representative or family member of someone who has sadly passed away due to the alleged negligent medical care. The parents, guardians or family members of someone who does not have capacity to take…
Who can claim for compensation?
- You as the person who received the medical care.
- The parents of minors on behalf of their children.
- The executor, personal representative or next of kin of someone who has sadly passed away due to the alleged negligent medical care.
- The next of kin of someone who does not have capacity to take legal action themselves may also be able to take legal action for compensation on their behalf.
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What is needed to prove a claim?
To be successful in a claim for compensation, you will need the evidence to prove both ‘breach of duty’ and ‘causation’.
What is needed to prove a claim?
To be successful in a claim for compensation, you will need the evidence to prove both ‘breach of duty’ and ‘causation’.
The treatment received must fall below a minimum standard of competence. In legal terms, this is referred to as the breach of duty, the negligence. The healthcare provider must have acted in a way which fell short of acceptable professional standards. Our investigations will look into the actions of the healthcare provider and with independent expert input, consider whether or not the actions could be supported by a ‘responsible body of clinical opinion’.
The negligence must have caused injuries that could have been avoided or been less severe had competent treatment been provided on a balance of probabilities. This second part is referred to as causation and can often be the most difficult part to prove. Medical care and procedures carry natural and inherent risks. If there was a good chance that the injury would have occurred even if the healthcare provider had acted competently, then a claim is unlikely to succeed.
If you can establish both limbs of the legal test, you will be entitled to compensation. Compensation aims to put you back, as close as possible, to the position you were in prior to the negligence.
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What can I claim for?
Compensation consists of two parts, general damages and special damages. Each case will turn on its individual facts and the injuries sustained, but generally, you will be entitled to…
What can I claim for?
Compensation consists of two parts, general damages and special damages. Each case will turn on its individual facts and the injuries sustained, but generally, you will be entitled to:
1) general damages – relating to the pain you suffered and loss of amenity. It will take into account, the type of injury you suffered, your current condition and prognosis for the future. The level of general damages will be based on guidelines provided by the Judicial College Guidelines and previous awards by the courts in cases similar to yours.
2) special damages- relating to additional losses you may have incurred because of the negligence. This can consist of loss of earnings if you were unable to work for a period of time, travel and medical expenses etc. In cases involving the loss of a loved one, there are likely to be funeral expenses and if applicable a claim for financial dependency of the surviving spouse and dependents.
TIME LIMITS
There is a time limit for commencing Court proceedings for personal injury. This is known as the “Limitation Period”. The time limit to commence a court action is three years from the date of the negligent treatment or three years from the date when a reasonable person in the claimant’s position (your position) should have realised that they had suffered injury. This is known as your “date of knowledge”. If you fail to issue court proceedings within the limitation period you may be prevented from pursuing your claim. For minors, the three year limitation period runs from the date of their 18th birthday. Individuals who lack capacity are not usually subject to a limitation period.
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EXAMPLE CASES
Here are some examples of the cases we have recently handled/are currently handling:
- ABC v Heart of England NHS Foundation Trust: failure to advise as to risks associated with an operation to remove kidney leading to unnecessary removal of a kidney.
- XYZ v Various: GP’s delay in referring a patient to hospital following a stroke, leading to permanent severe brain damage.
- ABC v King’s College Hospital NHS Foundation Trust: Psychiatric damage caused by witnessing the aftermath of clinical negligence leading to severe brain damage suffered by the claimant’s child following a delay in delivery.
- DEF v Western Sussex Hospitals NHS Foundation Trust Leg amputation caused by management of a vascular disease.
- XYZ v London Medical Solutions Limited Cosmetic facial injury following anti-ageing treatment. Failure to advise as to risks of procedure and failure to carry out procedure competently.
- XYZ v Spire Healthcare Limited. Delay in diagnosing and treating bowel cancer.
- ABC v South London and Maudsley NHS Foundation Trust. Failure to admit a psychiatric patient to hospital leading to avoidable suicide.
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Tallis House, London EC4Y 0AB
Christopher Law is a multi specialist law firm, representing victims of medical accidents nationwide and housing disrepair issues. We deal with the full range of claims from lower value claims to maximum severity claims.
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Monday-Friday: 09:00 to 17:00
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Christopher Law Limited is authorised & regulated by the Solicitors Regulation Authority. SRA number 657903