Clinical Negligence
What is Cinical Negligence?
We used to call it medical negligence and
it is really exactly the same thing.
If you have received treatment from a
doctor, dentist, physiotherapist, nurse or any other health or allied
professional (including even a pharmacist or optician and whether the treatment
was private or under the NHS) which is below the standard which you could reasonably
expect to receive AND you have suffered
as a result to the extent that your condition has measurably deteriorated as
result, then you may well have a claim for damages.
What
will we do?
We usually take a two stage approach.
We will make a complaint under the NHS (or
equivalent) clinical Complaints Procedure. This helps us to understand the line
of defence (if any) which is likely to be taken against us – it also helps us
to understand your case and extract further information from our opponents.
We then decide with you whether we can proceed to a claim for damages.
We then decide with you whether we can proceed to a claim for damages.
Time Limits
A complaint must usually be made within 6
months and a Court action for damages within 3 years. In the case of a child
the time limit for the full claim does not start until his or her 18th
birthday. In brain injury cases the timetable may never start and there are
other exceptions but we always recommend starting the action within the 3 year
period whenever possible to avoid any difficulty.
Who pays for this?
In suitable cases we will act for you under a Conditional Fee Agreement (what the popular press call “no win-no fee”) and there are other funding mechanisms available to protect you from expense. If we succeed in your claim we would expect to recover all or the vast majority of the cost from your opponents.
The Team
Our clinical negligence team is led by Consultant Peter Maughan who over more than 30 years in practice has amassed a vast amount of experience in clinical negligence cases and recovered literally millions of pounds for clients. Head of Personal Injury, Paul Smith also takes clinical negligence cases.
What kind of cases?
Our Clinical Negligence Team has experience of all types of clinical negligence including birth mismanagement leading to cerebral palsy, other brain injury and maternal damage; negligent surgery; failure to make a correct diagnosis, for example in the hospital Accident and Emergency Department; negligent dental work; negligent nursing care, such as dropping and injuring the patient; and almost any other clinical negligence claim you could think of.
What should I do?
It is always best to ask. The Clark Willis Clinical Negligence Team will happily assess your case either on paper or face to face FREE OF CHARGE and then if appropriate help you to make a complaint before we decide TOGETHER whether to take forward a claim for damages.
IF in doubt, ask us! What have you got to lose?
Who pays for this?
In suitable cases we will act for you under a Conditional Fee Agreement (what the popular press call “no win-no fee”) and there are other funding mechanisms available to protect you from expense. If we succeed in your claim we would expect to recover all or the vast majority of the cost from your opponents.
The Team
Our clinical negligence team is led by Consultant Peter Maughan who over more than 30 years in practice has amassed a vast amount of experience in clinical negligence cases and recovered literally millions of pounds for clients. Head of Personal Injury, Paul Smith also takes clinical negligence cases.
What kind of cases?
Our Clinical Negligence Team has experience of all types of clinical negligence including birth mismanagement leading to cerebral palsy, other brain injury and maternal damage; negligent surgery; failure to make a correct diagnosis, for example in the hospital Accident and Emergency Department; negligent dental work; negligent nursing care, such as dropping and injuring the patient; and almost any other clinical negligence claim you could think of.
What should I do?
It is always best to ask. The Clark Willis Clinical Negligence Team will happily assess your case either on paper or face to face FREE OF CHARGE and then if appropriate help you to make a complaint before we decide TOGETHER whether to take forward a claim for damages.
IF in doubt, ask us! What have you got to lose?
