With the right legal advice and active management of your claim, we aim to minimise the impact on you while achieving the best outcome and keeping you involved throughout.
There are effectively three aspects to any claim:
- liability – proving negligence on the part of the medical practitioner(s) and that the care you received fell below an acceptable standard
- causation – proving the damage caused by that negligence
- quantum – assessing the value of the claim
Initial meeting
We are always happy to discuss your concerns and provide some preliminary advice. We usually hold an initial meeting without charge, either in person or by telephone, to discuss the circumstances of your potential claim and advise on the prospects of succeeding, the practical steps to be taken and the funding of your claim.
Supervision
A partner will supervise the case throughout and remain closely involved to monitor progress and provide input into decision making and tactics. If not dealing with the case him or herself, the partner would identify the members of our team who have the necessary experience and capacity to conduct your claim. They will then want to understand your case and injuries fully, and establish a good relationship with you. Communication and involvement are key features of our service.
Investigation
The next stage is to obtain full evidence from you and from other sources of the circumstances giving rise to your injuries and the nature of those injuries. This can take a number of months depending on the complexity of the case and includes carrying out a complete assessment of your medical records. We then review the case and discuss our findings and recommendations with you.
Expert evidence
Clinical negligence cases turn on independent expert evidence addressing the standard of care provided and the effects of any failures. The next step is to identify suitable experts and instruct them to prepare reports.
We have a large network of experts in many fields with whom we have established solid working relationships. Once we have received expert reports, we will review them, discuss them with you and advise on the best course of action.
Many cases require specialist advice from a barrister and we have established excellent working relationships with a number of barristers with specific expertise in clinical negligence.
Damages – assessing what you need
Many of our clients have significant needs as a result of their injuries. Part of our role is to explore them and obtain expert evidence as to how they can be met, both now and in the future, as well as the cost of doing so. It is vital that when we get to the stage of negotiating a settlement we know what your needs will be and can ensure there is financial provision to meet them. We use our experience to assess the issues that must be explored.
They can cover care, therapy, adapted accommodation, specialist equipment, case management, vocational rehabilitation, IT needs, and education. Again, we have a network of well regarded experts and they work with us and our medical experts.
As part of your claim, you will recover 'general damages' which are compensation for your injuries, pain, suffering and quality of life. You will also recover 'special damages' which are compensation for past, ongoing and future financial loss. The sorts of potential losses that we will investigate and advise you upon include:
- loss of earnings and/or career opportunities – past and future
- compensation for care provided by family
- assessment of ongoing and future care needs and the cost of professional care
- transport and travel costs
- specialist aids and equipment to assist with day to day life
- therapy needs
- case management
- accommodation needs – alterations, relocation etc
- medical costs – past and future
Legal process
Once our investigations are complete, we are required to comply where possible with the Clinical Negligence Pre-Action Protocol, under which we would set out the basis of your claim and the injuries you have suffered to the defendant hospital or doctor. The defendant then has three months to investigate and respond to the allegations. He or she would go through the same process of obtaining expert evidence.
The parties are therefore able to outline their respective cases and determine the extent to which they are in dispute before formal court proceedings begin. Where appropriate, we would seek to value a claim and negotiate settlement of a claim before issuing proceedings at court. However, if the case is defended and/or not capable of settlement on an agreed basis, we will work through a court timetable. Most cases settle without the need for trial but partway through court proceedings.
Valuing your claim
We would aim to give an initial rough indication of the value – or 'quantum' – of your claim when first advising you. However, inevitably this needs to be reconsidered as evidence is obtained from you and elsewhere of the extent of your injuries, any relevant prior medical history and the losses you have incurred or will incur in the future because of the accident. As above, this is largely covered by expert evidence.
Settlement and after
We consider at each stage of a claim whether it is capable of valuation and settlement. Where we can instigate negotiations, we will do so.
Once a case is settled, we can deal with court approvals required due to age or lack of capacity. We can advise on trusts and on the Court of Protection.