Clinical Negligence Claim

A clinical negligence claim can be brought against medical practitioners. There are a number of scenarios in which a claimant can bring a clinical negligence claim against a medical professional. For example, claims can be brought for misdiagnosis, surgical errors and injuries that occur during pregnancy.

A clinical negligence claim must be brought within the statutory time limit. The claim must be brought within three years from the date the claimant knew or should have reasonably known that they have suffered an injury. Claims for clinical negligence must be brought in the civil courts. They will usually commence in the county court.

To be successful in a clinical negligence claim, the claimant must prove that they received negligent medical advice / treatment. They must prove, on the balance of probabilities, that the medical treatment received fell below what could have been reasonably expected. This is an objective test. In order to prove their case, claimants will normally have to instruct independent medical experts.

Different medical conditions are treated in different ways by different medical practitioners. Therefore, in the defence of a clinical negligence claim, the defendant may argue that the treatment they administered was in line with the views of a section of the medical profession. The onus is on the claimant to disprove this. This is usually achieved by seeking the views of a range of different experts within the profession. As experts are often required to resolve clinical negligence disputes, bringing a clinical negligence claim may prove expensive.

If you would like to obtain legal advice and information on bringing or defending a clinical negligence claim, Contact Law can put you in touch with a Negligence solicitor free of charge. So, if you have any questions or would like our help in finding local Negligence Solicitors please call us on 0800 1777 162 or complete the web-form above.

Last Updated on 02/03/2010