Do I Have A Clinical Negligence Claim?
96% of the NHSLA’s cases are settled out of Court. An analysis over the past 10 years shows that 41% of cases were abandoned by the Claimant, 41% settled out of Court and just 4% were settled in Court (mainly Court approvals of negotiated settlements) and 14% remain outstanding. Fewer than 50 clinical negligence cases a year are contested in Court. (Statistics from http://www.nhsla.com) Establishing a legal case for anything, especially Clinical Negligence, can at times seem confusing. By breaking it down, it can seem less daunting. In order to understand the legal elements that are required for a successful Clinical Negligence claim, we can break the requirements down into four steps. The Legal Elements Required: • There was a duty of care owed to you • There was a breach of that duty (negligence) • This breach caused the injury you suffered • This resulted in a loss or injury 1. Duty of care Establishing there is a duty of care is usually straightforward in clinical negligence cases,
Related Questions
- Can I pursue a clinical negligence claim on behalf of a relative who has died during - or as a result of - medical treatment?
- How long can I wait after the medical treatment until I make a clinical negligence claim for compensation?
- Can I bring a clinical / medical negligence claim where I saw a doctor privately?
