More success for the Clinical Negligence team

16th Jan 2018

I recently acted on behalf of a client in a clinical negligence claim in respect of the loss of one of their kidneys. The claim arose during the course of our client receiving treatment from a consultant urologist under a private healthcare arrangement. There were issues in relation to informed consent (whether our client had been made sufficiently aware of the options they had for treatment) and surgery. There were also delays in reviewing the outcome of the surgery.

Healthcare

As is the case with so many clinical negligence cases, it is vital for claimants to recognise that there are no halfway houses. Cases of this nature are either won or lost. It is important for claimants to understand that there is a need to take into account the possibility that the claim could be lost completely and so nothing would be recovered. It is an issue that requires careful explanation to claimants and therefore has to be reflected in any negotiations that take place.

Cases involving clinical negligence invariably involve recovering the full amount claimed or nothing at all. They are not like accident claims where there may be arguments as to contributory negligence (when the claimant may in part have been at fault) but some level of compensation will still be recovered. In any negotiations there is a specific need to be realistic and to factor in the risks involved with regards to breach of duty (negligence that is fault or blame) and causation (identifying the injury and other actual losses suffered) and the possibility of the claim failing.

The client in this case recognised that in relation to any settlement that could be achieved, there had to be an element that reflected the possibility that the claim may not succeed at all. I was very pleased to be able to guide and support our client throughout what transpired to be a lengthy process and achieve a successful outcome.

The client was delighted that having recognised the issues involved in this type of claim, the sum recovered was arguably as good as might have been achieved had the matter proceeded to trial.

Our talented and highly experienced clinical negligence team offer one to one dedicated support throughout the claims process and are totally focused on achieving the best possible outcome for their clients. We can talk about the technical issues involved in cases of clinical negligence in a way that is readily understood and can address any concerns you may have.

We offer a free initial clinical negligence consultation and can agree upon a fixed fee structure specifically geared towards evidence gathering and obtaining clinical expert report(s) to then enable a comprehensive assessment of prospects and valuation of the claim. We will also consider in some cases accepting instructions on a No Win No Fee basis.

If you need to discuss any concerns that you may have in relation to any medical treatment you have received, you can contact me at tsn@rogers-norton.co.uk or on 01603 675632.