Experiencing clinical negligence can have life-changing effects and leave the recipient of the negligence or family members feeling angry, upset and confused.

When we are sick or in pain, we seek medical advice and entrust our lives in the hands of medical professionals in the hope that they can find a solution and bring us back to health. What is easy to forget is that medical professionals are only human and sometimes, like all humans, can make mistakes.

A natural reaction after making a mistake is to apologise. However this apology from the medical provider does not have any legal standing – this is a misconception I have encountered with a number of clients.

The legal process for bringing a claim in clinical negligence can be complicated and confusing. In this article, I tackle the questions I am frequently asked by clients:

I have experienced clinical negligence, what should I do?

If you or a loved one think you have fallen victim to negligence whilst receiving treatment from a medical provider, you should seek legal advice as soon as possible. A lawyer will listen to what has happened and advise how best to proceed as well as addressing any concerns you may have. Discussing your options with an experienced clinical negligence lawyer can provide reassurance and clarity in a time that is often very stressful and confusing.  

What do I need to prove?

There are two elements – liability and causation.

For liability there needs to be a breach of the professional duty of care. You will need to show that the treatment in question fell below the standard expected of a reasonably competent medical practitioner in the same field.

If liability can be proven, causation then needs to be established. This is that the damage that you have suffered was caused by the breach of duty of care. To put it another way, would the outcome have been different had proper and timely diagnosis/treatment been given and if so, to what extent?

The hospital have completed an investigation and apologised for their mistakes – can I rely on this as evidence for liability?

No. Unfortunately, although the medical provider may have acknowledged that they made a mistake and may have even referred to their mistake as sub-standard care in correspondence to you, this is not sufficient.

On a number of occasions we have seen hospitals apologise directly to a client for their mistake however when a legal claim is brought against them, they have disregarded their previous admissions and denied all allegations. This may seem illogical and can be frustrating however this is why it is vital to seek legal advice. We will make sure you have the correct information and have the opportunity to get justice for what has happened.

For a free consultation with one of our Medical Neligence specialist advisers, call us on 0800 387 927, request a callback at your convenience or message us your enquiry. You can also drop into the clinic at our Birkenhead office Monday to Friday, 9am to 5pm.