Summerfield Browne Solicitors are authorised and regulated by the Solicitors Regulation Authority.
How to defend a claim of medical negligence
Negligence can occur in a variety of medical contexts:
• Surgery
• Misdiagnosis by a GP/NHS
• Cosmetic
• Pregnancy
• Dental Negligence
• Orthopaedic negligence
• Cancer misdiagnosis
• Defective medical device claims
• Medicine
• Anaesthetic
We understand that bringing a claim against your doctor or hospital can be a very stressful and traumatic experience. Our medical negligence solicitors have extensive experience of advising on clinical negligence claims and will provide pragmatic advice, tailored to your specific situation and needs. Our clinical negligence lawyers will provide support on all matters relating to your medical negligence claim. We will be sensitive to your situation, and also to your needs, and our medical negligence lawyers will endeavour to achieve the best outcome for you as soon as possible.
Whether you need help in relation to any of the above-mentioned matters, our clinical negligence solicitors are here to help you.
What you should do?
We will provide you with a step by step useful guide:
Step 1 – Investigations
One of our experts will discuss the circumstances surrounding your case and take a detailed statement from you.
We will obtain your consent as we will need to obtain relevant medical records from the hospital you attended, your GP and/or any private clinics you may have attended.
Step 2 – Preparation
One of our experts will review your medical records including nay X-rays and take your instructions.
We will then contact a medical expert who has the specialist knowledge to comment on your case and ask them to provide an expert opinion.
Once the medical expert has been instructed, they will review the relevant medical records and prepare a medical report.
In certain situations, we may need to instruct more than one medical expert.
To bring a successful medical negligence claim against any medical professional it must be shown that they have fallen below the standard of care expected of the ordinary skilled man exercising and professing to have that special skill. The medical professional must also show a logical explanation for their actions, which must then be accepted by the Court.
Once the medical evidence is final and a report(s) has been prepared, we will then be able to assess the merits of your claim. If the medical evidence supports your claim then we will proceed to the next stage of the process which is sending a letter of claim setting out your case against the negligent medical practitioner or NHS Trust,
Step 3 – The Claim
We will send a letter of claim to the negligent medical practitioner or NHS Trust.
According to ‘The Pre-Action Protocol for the Resolution of Clinical Disputes, the negligent party must provide a detailed letter of response within three months.
The letter of response may admit negligence, admit part of the claim only or deny the claim. If admissions are made, then it is sometimes possible to negotiate settlement of the case without the need to issue court proceedings.
Step 4 – Litigation
Litigation may be the best course of action to take if a settlement is not reached or where a claim has been disputed.
If we resort to Litigation, this will involve issuing court proceedings, exchanging medical reports and evidence with the opponents, settling your claim and preparing the matter for trial if necessary.
Funding Options
Our clinical negligence lawyers can accept a variety of funding methods for negligence claims. Our medical negligence solicitors can also arrange After the Event (ATE) insurance to cover liability for the opponent’s legal costs.
Why Summerfield Browne?
Summerfield Browne Solicitors will aim to reach a final settlement, that will give you and your family, the compensation you need and deserve. Our team of specialist medical negligence lawyers will robustly negotiate on your behalf, and endeavour to obtain the best settlement for you as soon as possible.
Contact us on 0800 567 7595 or visit our website www.summerfieldbrowne.com
