CLINICAL NEGLIGENCE SOLICITORS

Proving an incident of health care error inevitably involves handling in-depth medical issues. To succeed in a case, clinical negligence solicitors use evidence from specialist medical experts to prove two crucial facts:

1. It was more probable than not that there were serious errors of medical treatment that no competent medical professional would have made.
2. The proven errors caused, or materially contributed to, the injury or death of the victim

For the lawyer to be able to prove these two points satisfactorily, he or she must have a sound understanding of the medical issues involved in the case. Sometimes the particulars of a case may involve more than one field of medical specialisation.

Medicine is a complex subject and the “correct” way to treat a patient is rarely clear-cut. Building a case for a compensation claim is not only about proving that a doctor made a mistake. The solicitor must prove that the doctor’s conduct is such that it would not have been replicated by a “responsible body of medical opinion” in the particular specialist field. For clinical negligence solicitors to be able to succeed, they need a comprehensive understanding of what most judges consider to be a responsible body of medical opinion.

Medical negligence can overlap with another area where litigation has expanded in the last two decades: product liability for drugs and vaccines. Case examples include a situation where a general practitioner is accused of administering an inoculation despite contra-indications. This potential for overlap with other fields of the law, and particularly with recently developed areas, makes it vital the clinical negligence solicitors you chose to fight your case are thoroughly experienced and adept.

The usual theories of product liability apply to drug manufacturers. Yet the legal position of harm caused by prescription drugs is often more complex. If the health professional responsible for administering drugs failed to give proper warnings about safe usage there could be a potential claim.

Drug manufacturers and drug-prescribing health professionals hold positions of trust. Pharmaceutical companies and health professionals should be held responsible when a patient is harmed through lack of sufficient research or failure to provide adequate information. By winning product liability cases, the network brings pressure on pharmaceutical companies to improve their research methods and helps prevent more patients suffering.

All lawyers in the network are members of the Law Society accredited panel of experts. If you would like to discuss your potential claim with an experienced solicitor, the network will give you free qualified advice without any further obligation. Complete the contact form and you will be given a call as soon as possible by one of the team.