Get advice on clinical negligence
Associate Solicitor at Glanvilles Damant,
Deborah Wagstaff, explains what you need to prove a successful claim for clinical negligence.
Deborah is a Senior Litigator for the Association of Personal Injury Lawyers. She has many years of experience in dealing with medical negligence claims and personal injury claims.
Medical negligence, also known as clinical negligence, covers many areas of work carried out by medical professionals. Not only does it include work carried out by doctors and nurses, but also other medical professionals such as dentists, physiotherapists, psychologists and consultant surgeons working at private hospitals.
Negligence can occur when a treating clinician provides treatment to a patient which falls below a standard considered as reasonable for the clinician’s experience and specialism.
Deborah also regularly attends inquests representing the family of the deceased. Deborah prides herself on her tenacity and takes away the stress of a medical negligence claim from families when they are mourning the loss of their loved one.
Deborah is happy to meet with you and your family to discuss whether you have a claim for medical negligence. She represents clients on a ‘no win, no fee’ basis, so there’s no need to worry about the bill.
What you have to prove for a successful claim
You must prove both breach of duty and causation in order to establish a claim for clinical negligence.
Breach of duty – you must prove that the treating clinician did something or failed to do something which no other reasonably competent practitioner would have done or failed to do.
Causation – you must prove that the breach of duty on behalf of your treating clinician caused you to suffer an injury which you would not otherwise have suffered. In other words, you would not have suffered your injury if the clinician had provided the correct standard of care.
If you wish to bring a claim, the onus is on the claimant to prove their claim. You will require supportive medical evidence to prove your claim. Our solicitors will recommend obtaining expert reports from independent medical experts who have both a specialist knowledge of the area of medicine relevant to your treatment and injury and experience of the litigation process. Without supportive expert evidence, it will be very difficult to pursue your claim. Deborah will guide you through every step of the process in dealing with your claim.