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Medical Negligence Solicitors
Is your solicitor experienced enough to take on a medical negligence claim?
Medical negligence claims and the vast sums of money that have been paid out by the NHS have garnered a lot of press attention in recent months. So too have the delays experienced by some victims of negligence when it comes to receiving their compensation; an Irish newspaper has recently reported an instance of a claim that is still unsettled after 27 years. Medical negligence claims are notorious for their protracted nature. Anyone considering making a claim for medical negligence must seek the services of a solicitor experienced in this field.
Consulting The Experts
Medical negligence solicitors work within the personal injury sector of the law. Making a medical negligence claim is much more complex than claiming for something like an injury caused in a car crash; there are more serious ramifications. By launching a medical negligence claim the claimant is not only challenging the professional conduct of a member of the medical profession, but also throwing into question the procedures and safeguards employed by the hospital to ensure the safety of their patients. Often, these are serious allegations and the medical profession will fight its corner. The defendant may try and avoid culpability to protect their professional reputation and to prevent any damage to their career prospects. In addition, it is often difficult to persuade other professionals to testify against someone who is ostensibly a colleague. They may fear for their reputations within the hospital or Health Service.
Not Just Doctors ‘Closing Ranks’
However, it is not simply that there is a problem with medical staff ‘closing ranks’. Many hospitals have poor facilities for the reporting and recording of incidents of medical malpractice. Many hospitals still use paperwork for this purpose, which is easily lost or misplaced and making it hard to establish the facts of the incident such as who was involved.
There are further considerations for a solicitor to make. The evidence of an expert witness can determine the outcome of a case. These are professionals whose experience in a particular field gives them the ability to theorise the nature and causes of certain instances of medical negligence. Unfortunately, there are relatively few medical professionals who are qualified enough to act as expert witnesses.
Claimants who use general solicitors to act on their behalf in a medical negligence case can look forward to having their case drawn out and increase their potential costs. Solicitors who are qualified to work in this field will typically have access to a database of all court judgements on clinical issues. This database will be constantly updated, so that the solicitor is aware of impending changes in the Law. In addition, they will have access to a number of medical professionals, including expert witnesses, who will be able to offer advice on the potential of the claim. They will advise on whether negligence is responsible in a given case and also be able to assert where causation is applicable.
Launching a medical negligence can be a difficult legal process, but with the right representative, it can proceed far quicker than with representation from a general solicitor. The Law recognises that people have a right to compensation if they have suffered as the result of a medical professional’s negligence. Using a medical negligence solicitor ensures that the case does not have to go on any longer than it should.
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If you believe you have been the victim of an act of medical or clinical negligence you need our free guide which answers all of the questions that you need answers to before deciding to make a claim, including:
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Before you take any further action, take five minutes to read our free guide so that when you do pick up the telephone or fill in an online enquiry form, you know exactly the questions you need to ask to find the right medical negligence claim solicitor for you.
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