If you or a member of your family is suffering from an injury or condition caused by medical negligence, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form.
Who Can Make a Clinical Negligence Claim?
The Medical Negligence Multi-Party Claim Process
Compensation
Specialist Medical Negligence Lawyers
Unfortunately, negligent medical treatment or dental treatment can cause personal injury and unnecessary suffering to those affected. In some cases, several people will have received the same or similar negligent treatment from one source. In these circumstances, it is sometimes possible to bring a multi-party action against the responsible person or organisation (e.g. an N.H.S. trust).
In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence. In a clinical negligence case, it must also be shown that no other medical practitioner would have treated you in this way if acting correctly.
If there are numerous claimants involved, the courts will co-ordinate the matter so that lead solicitors are appointed and a date is specified by which all claims should be entered. It is not impossible however, to take action after this date has passed.
This can be a complex matter so, as with any claim, it is important to seek specialist legal advice without delay. Your lawyer will assist you in obtaining and compiling all the necessary evidence and documentation.
Often the medical negligence group claim will be put forward and the lawyers will negotiate a reasonable settlement with the insurers. If an agreement can not be reached however, the case will usually proceed to court.
There are two elements to a compensation award. The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and can include an award for your inability to do things after the medical accident that you used to be able to do before (eg, wash your car, look after your garden, go shopping etc). The award for loss of amenity can be for a short period after a medical accident or for ever if that is what the medical evidence supports.
The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to the medical accident, so that these can be reclaimed. The aim is to put you back in a position financially as if the medical negligence had never occurred.
The Legal Line's lawyers are experts in all types of personal injury compensation claim, with extensive experience in multi-party claims for medical negligence. They can provide legal advice to anyone suffering from an injury caused by another party and assist in pursuing a claim to the best possible outcome.