Medical Negligence - The Payment for Damages or Personal Injuries
Law Society Clinical Negligence Panel
The process for dealing with medical negligence claims is considerably not the same as other personal injury claims. This fact is recognized by what the law states Society and the Legal services Commission who administer the legal aid fund. What the law states Society operates a professional clinical negligence panel and only panel members are entitled to apply for legal aid with respect to their clients. Panel membership is restricted to small elite of solicitors representing less than 1% of the profession who are able to prove to the satisfaction of the law society that they are competent and experienced.
The initial step in pursuing a legitimate case is perfect for the client to create a complaint to the NHS trust or to the GP. If the answers to this complaint are unsatisfactory then a completely independent review by the Commission for Healthcare Audit and Improvement can take place. Whist such a complaint will not result in the payment of damages; the written replies often provide valuable evidence upon which a claim for compensation within the county court or perhaps in the high court can be made.
When the results of the complaint are available a solicitor will often request a copy of the medical records from the health authority. Obtaining records to support medical negligence claims was at one time very hard and such a request was often refused as well as an application to the court for release of the records was necessary however, most requests are actually complied with and the records are sent to the solicitor’s office without further problems.
Once the records will be to hand the solicitor, who has generally not medically qualified, will peruse and consider them before appointing medical specialists who are usually consultants to set off the clients claim following thought on the records.
When the specialists medical report is supportive of the patients claim then your solicitor will thereafter issue a summons either in the county court or the high court and can follow established protocols, including obtaining a further medical report becoming an opinion on the patient’s condition and anticipated progress, before the claim is either admitted through the health care professionals attorney or is set down for trial in the court. At the trial hearing both sides attend together with their legal representatives and any expert witness whose evidence is not agreed along with a full hearing tales spot to decide, set up defendant is liable in negligence to pay for the claimant compensation. The quantity of compensation to be awarded in medical negligence claims may be determined by the trial judge soon after liability continues to be established or there may be a separate hearing on another date to establish the damages payment.
We represent a network of specialist medical negligence lawyers operating throughout the United Kingdom. In Britain, our solicitors are all members of the Law Society clinical negligence panel and are franchised to make an application for legal aid. Less than 1% of UK solicitors are clinical negligence specialists.