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DISPUTE RESOLUTION: Medical Negligence

Claims against hospitals and medical professionals are often reluctantly pursued by patients or their families. Perhaps care has been excellent. But then one procedure or one step in a procedure goes wrong and that has led to suffering which should never have been experienced had things been done properly. The question then arises is as to whether the care provided fell below the standard to be expected of a reasonably skilled practitioner in the relevant discipline; and, if that question is answered in the affirmative, did that “breach” cause or contribute to the patient’s suffering – or would the patient’s underlying condition have resulted in the same outcome.

There is a clear distinction between a practitioner making a wrong decision and making a negligent decision.

Our task in advising on a claim will usually start (once the facts have been established) will be to obtain copies of all relevant medical records and then seek expert medical advice from a practitioner in the same field of medicine or dentistry.

Almost without exception we would expect to work for clients on a conditional fee arrangement – generally known as “no win, no fee”.

Once you have referred a possible claim to us, we will discuss with you just how these fee arrangements work. We will want you to have a clear understanding not just of the possible merits of your case but how a case will normally proceed.