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How to claim Medical Negligence successfully


Hello I’m Denise Broomfield and I’m a solicitor
and head of personal injury and clinical negligence at Bonallack and Bishop Solicitors. I’m here
today to talk to you about why you need a specialist solicitor to bring a claim for
medical negligence. Why do I need a specialist medical negligence
solicitor? “Are there complicated medical issues involved?”
Yes, clinical negligence or medical negligence claims are very complicated for a number of
reasons. The first is that you’re dealing with medical and legal information considering
that both professions take six to eight years to train for, picking it up from day one is
really difficult. “Will my solicitor need to asses medical evidence?”
Yes, to bring a medical negligence claim we need to get your medical records for you and
then send them off to an independent medical expert of the same discipline who got your
treatment wrong and that doctor will tell you whether or not the doctor that treated
you acted in a reasonably competent manner. “Is the law involved complex?”
It is complicated, a lot of the claims are of quite high value and to take in legal process
and medical process is very challenging, even for people who are very familiar, business
people and things still find it difficult. “Are timescales important in these claims?”
Definitely, there’s a fixed time scale, generally three years from the date of injury or three
years you knew about the injury to actually start off any court action so if you miss
that court date then your claim is barred on time grounds and the court also as your
case goes through will set quite strict time limits that you actually have to comply with.
“Will my solicitor try to negotiate a settlement?” We have a duty now to consider settlement
or what’s called alternative dispute resolutions, so mediation or round table meetings, solicitors
are very much frowned upon now if they should call proceedings and go straight to court.
“What are the benefits of mediation?” Mediation is quicker and cheaper and it’s
less formal. I find particularly with clients who have had quite severe injuries who would
struggle going to court, they can go to a mediation hearing and they feel involved in
their final process, which is very important if you’ve had a really severe injury.
“Is an accident claim solicitor the same as a medical negligence solicitor?”
No generally not, accident claims solicitors tend to handle a range of accidents causing
injuries so from the solicitor who every day does whip lash injuries through to clinical
negligence lawyers that act for brain injured children. You need to make sure that the solicitor
you instruct has experience of clinical negligence work and not having done one or two cases,
day to day experience of doing clinical negligence work.
“How can I identify a specialist medical negligence solicitor?”
There are three panels where solicitors have been vetted and approved to do this type of
work. One is the law society’s clinical negligence panel, the second is the action against medical
accidents specialist solicitors panel and the third is the association of personal injury
lawyers clinical negligence panel, and if you google any of those you’ll come up with
a local solicitor’s name who’ll be able to help you and who will have the experience
to be able to help you well.

6 Comments

  1. Tracy Smith
    Tracy Smith March 31, 2017

    dosnt include no win no fee

  2. Erin Simison
    Erin Simison February 5, 2018

    Sorry to post here but maybe you can help …. please read gofundme.com/erin-vs-negligent-doctor

  3. Urban madam
    Urban madam September 17, 2018

    https://techcheater.com/medical-negligence-lawyers/

  4. Denise Bradbury
    Denise Bradbury January 18, 2019

    gf.me/u/p5gh7w

  5. m rowland
    m rowland July 29, 2019

    What form do you fill out at the court

  6. sarah joseph
    sarah joseph December 11, 2019

    I have a question.Back in April 2019 I had  a vitamin D test done to see if my vitamin D was low.I never got the results on it so I thought it was  in the good range.On Oct 23rd  2019 I  fractured the side of my foot and went the  25 of Oct had a cast put on and found out that day my Vitamin D was only 21.Now i went to the dr every 2 weeks for a xray and cast change last one was the 10th of Dec when i was told  it wasn't healing even though i had been on 5000 units of vitamin D3 since Oct 25th,Now i have to have surgery.I called the Dr that did the bloodwork and she said she never got the results but yet the results were in my file.Is this a negligence case on the dr that ordered the bloodwork?I go see the surgeon Dec 23rd to get surgery setup.

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