CLINICAL NEGLIGENCE LITIGATION

Every case accepted by a clinical negligence litigation specialist in our national network of highly qualified solicitors is fought on an individual level. There is no exact formula for litigating a case. The unique nature of each case makes it important that the claimant is informed and advised in plain English as the claim proceeds. Our service is tailored to the needs of each individual claimant.

There are obligatory procedures to be completed in every medical claim. Initially medical reports must be gathered from one or more specialists in the relevant field of medicine. All the experts used by our network are leading consultants who do not hesitate to criticise wrongful practises in their own profession.

Once the necessary reports are complete, the solicitor will consider whether the claim is worth pursuing. The solicitor may seek advice from an experienced barrister to provide you with a detailed opinion on the merits of your claim.

If it is decided that the claim warrants pursuing, the next mandatory stage is to send the other side a letter of claim. The letter of claim gives the defendant the opportunity to investigate your allegations. The letter also gives the defendant the option of avoiding court proceedings by agreeing they are liable for your injuries and by offering compensation to settle the claim. The defendant has a period of three months after receiving this letter of claim in which to respond satisfactorily if they wish to avoid the issue of legal proceedings. Clinical negligence litigation proceedings are usually issued in a court of law in any event if the defendant has not responded at the expiry of the three month timescale.

The legal process then requires the drawing up of the following documents.

• A statement of the claim highlighting the facts on which the clinical negligence litigation claim is based and making allegations of negligence to be pursued in court
• A schedule of damage setting out the calculable financial losses incurred to date as a result of the alleged negligence. The schedule also includes a broad outline of the likely future losses
• A medical report on the claimant’s state of health and future prognosis

As the case progresses towards trial, both the schedule of damages and the medical report are updated. Our solicitors work with each claimant, on an individual level, to produce all case documents. The solicitors and the claimant approve every document before they are sent to the other side. The accuracy of these documents is imperative. The claimant is required to sign the Particulars of Claim to confirm they believe in the truth of the facts it contains. For these reasons, each legal document we produce is given the highest level of attention to insure its accuracy.

If you would like to discuss your potential claim with an experienced solicitor we will give you free qualified advice without any further obligation. Complete the contact form and you will be given a call as soon as possible by one of the team.