10 Feb 2020

Medical Negligence: What you need to know before taking on a case

Medical Negligence cases are complicated by nature - not only are the injuries often very complex but proving that medical/clinical negligence has actually taken place can be incredibly difficult.

As they are usually time-consuming, expensive claims, it’s important you know everything you need to before you take on a case. Here we take a closer look at Clinical Negligence claims, why they’re harder to prove and what you can do to ensure you have all the information you need before embarking on a new claim.

 

What does a Medical Negligence claim need to prove?

A claim against a medical professional is very different to a personal injury claim from a road traffic accident. This is because in RTA claims, it is usually fairly easy to identify who is at fault for causing the injuries.

Successful Clinical Negligence claims must prove three things:

 

• The care the claimant received fell below the standard expected
• No responsible medical professional would have acted in the same way
• The substandard care caused or contributed to the claimant’s injury

 

How can I tell if my client’s Clinical Negligence claim is valid?

Without a medical background, it’s difficult to decide whether a claim is valid or not. However, with a medical professional’s insight into your case, you could save yourself time and money on a non-valid claim.

At Speed Medical, we offer two services to combat non-valid claims - a Fixed Fee GP Screening Report and a Fixed Fee Consultant Screening Report (subject to volume of records).

 

Fixed Fee GP Screening Report

We have a team of experienced GPs, led by Dr Laurence Knott - a renowned physician who previously worked as a Senior Assessor for the General Medical Council and as a Clinician Complaints Adviser for the Medical Defence Union.

Once instructed, we’ll select one of our dedicated GPs to assess your client’s claim, who will then rank prospects of success in regards to breach of duty and causation as ‘good’, ‘moderate’ or ‘low’. This service identifies defendants, and recommendations are made on the expert types needed to provide opinions on breach of duty, causation and condition, and prognosis. Any other potential claims, defendants and breaches of duty - and if there is any important information missing - will also be highlighted in the report.

 

Fixed Fee Consultant Screening Report

As Clinical Negligence cases stretch across a broad range of disciplines - all with their own unique standards and regulations - our Consultant Screening Report ensures you have an expert’s opinion on the validity of your case. We’ll match the challenged medical professional from your case with one of our suitably qualified medical experts of the same discipline. Then, our expert will screen the report, providing an informed, justified opinion on whether or not medical negligence has taken place.

As a result, you’ll discover clear potential outcomes for your client’s claim before investing too much time and money in it.

 

Our Nationwide Expert Panel

With over 21 years’ experience in the industry, we know what our clients expect from our experts. That’s why knowledgeable, experienced and highly qualified medical professionals sit on our hand-picked, nationwide panel - all with the vision to deliver service excellence to our vast customer and client base. To learn more about our panel, please click here.

Or to learn more about our Clinical Negligence services, please click here.