In order to bring a successful claim for medical negligence, we must prove two things.
The first thing we have to establish is that there has been a breach of duty of care by the medical professional. The legal term “breach of duty” means that we have to show that the medical professional was at fault by their action or inaction when they provided treatment to you or a loved one. In order to prove this test, we have to show that the care provided fell below the standard expected of a reasonably competent and skilful specialist.
The second element that we have to prove is a legal test called “causation”. This simply means that we have to show that by the medical professional’s action or inaction has caused damage that could have been avoided.
Preparing for a Medical Negligence Claim
At Mark Reynolds Solicitors we will discuss in detail with you all the issues which have occurred during your treatment so we can fully understand the impact that the clinical negligence has had on your life and that of your family, this will ensure 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 opinions. Taking these steps can take some time, but will ensure that we prepare the strongest case for our client.
Many clients are concerned that although they believe negligence has occurred during their medical treatment, they worry that the medical profession will “stick together” and not admit that negligence has occurred. At Mark Reynolds Solicitors we have a database of medical experts who are familiar with producing reports when clinical negligence is alleged. The medical experts that we instruct are independent and are familiar with the rules that the Courts apply to ascertain whether negligence has occurred.
Through our experience of dealing with victims of clinical negligence clients often tell us that it is not compensation that they want, they need an apology or an explanation as to why an incident has occurred in their treatment. Other clients have told us that they feel procedures and policies need to be changed so no one else has to go through the same experience they have. Here at Mark Reynolds Solicitors, we appreciate these feelings and we can provide support and advice on other avenues which may be available to help achieve such resolutions.
Read about Types of Clinical Negligence Claims