JMW Legal Page
WHAT IS MEDICAL NEGLIGENCE?
Despite the fact that health care in this country is generally of a high standard occasionally things do go wrong.
Sometimes doctors and other health care workers do make mistakes that could have been avoided with more care, skill or organisation and this is called clinical (or medical) negligence. An operation may be incompetently performed, or a GP may fail to recognise the seriousness of symptoms or a baby may be damaged because of a mishandled birth.
If you or a loved one has been harmed, either physically or mentally, because of the negligence of a health care professional, a claim for medical negligence compensation (damages) may be possible.
To make a successful claim for compensation you have to prove 2 things:
that the standard of care you or your child received fell below that of a reasonably competent health care professional in that specific area of medicine (negligence)
that you or your child have suffered a physical or mental injury as a direct result of the negligent action (causation)
Sometimes it is difficult to know whether the harm has been caused directly by the clinical negligence or as a consequence of some underlying disease or illness.
For a claim to be successful you have to prove both negligence and causation. You cannot claim compensation just because someone has done something wrong. You have to prove that this has caused significant injury.
HOW DO WE INVESTIGATE YOUR CLAIM?
If your case is investigated we will first of all obtain your medical records. These will be carefully reviewed before seeking an independent medical expert opinion. A supporting independent medical opinion is necessary for any case to succeed.
If we consider that we have enough evidence to bring a successful medical negligence claim for compensation we will issue legal proceedings or try to negotiate the settlement of your claim. Often clinical negligence cases can be settled without the need to proceed to trial.
FUNDING YOUR CLAIM
Often clients are concerned about the cost of bringing a claim.
There are 5 ways of funding a claim:
- Public Funding (formerly known as Legal Aid) - before we can decide whether you are eligible for public funding we will need to assess your financial situation in detail. Children are assessed on their own finances and not those of their parents.
- Legal Expense Insurance - Some insurance policies (e.g. Home Contents Insurance) will cover you for medical negligence claims.
- Private Funding - the cost of funding your claim will largely depend on how complex it is. We will give you an estimate of the total cost before you make a final decision to proceed.
- Conditional Fee ("No win-No fee") - in some circumstances we may be willing to take on a case on this basis.
- Trade Union Funding - if you are a member of a trade union, a benefit of membership may include legal expense cover.
We offer a free initial consultation to discuss your case regardless of how it will be funded.
LIMITATION (TIME LIMITS)
Legal action must be started within three years of the date you first knew, or could reasonably have been expected to know, that something had gone wrong with your medical treatment (this is called date of knowledge). This will usually be quite soon after the operation or treatment has taken place but occasionally it will not become obvious that an intervention has had long term consequences until months, or sometimes years, after the event. If, however, the case involves a child, the 3 year time limit only expires on his/her 21st birthday.
For people under a legal disability (i.e. those suffering from a mental disorder) no limitation period applies. If someone has died because of negligence the 3 year time limit runs from the date of death. The courts strictly enforce time limits and it is only in exceptional circumstances that a Judge will exercise discretion to allow a case to be brought "out of time".
At JMW Solicitors we strive to offer the very best in legal services. We are committed to delivering the highest quality and cost effective legal advice.
Our partners, many of whom are leaders in their field, have a shared desire to provide practical solutions to our clients' legal issues. By adopting a warm, open and friendly manner, we aim to foster special working relationships with our clients.
We are based in our central Manchester headquarters in Spinningfields but would be happy to arrange home visits where appropriate.
If you would like to discuss any of our legal services please contact us either via our website www.jmw.co.uk or by telephoning us on 0845 872 6666.
The Clinical Negligence department at JMW Solicitors acts for patients and their families who have suffered medical negligence. We offer free initial advice regarding a potential claim for compensation. Our team can draw on legal expertise across the spectrum of clinical negligence law, from cases of misdiagnosis to birth injury, and has an admirable record of success in securing compensation for victims of unacceptable standards of medical treatment. We are recognised as one of the strongest firms in England and Wales for medical negligence claims.
The clinical negligence solicitors at JMW specialise in obstetric and gynaecology claims such as:
· Cerebral Palsy Medical Negligence
· Birth Asphyxia - Cerebral Palsy
· Erbs Palsy Negligence Claims
Examples of previous successful cases are:
· Cerebral Palsy Birth Asphyxia
· Distressed Baby - Delay in Delivery
· Congenital Dislocation of the Hip
· Brain Damage due to Jaundice cases
· Excessive Syntocinon during Labour
· Insulin Therapy leads to Brain Damage
For a free initial discussion contact Eddie Jones on 0161 828 1934 or by email on eddie.jones@jmw.co.uk
In addition to the Clinical Negligence department JMW can assist with a variety of legal needs, including:
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