THE STANDARD OF CARE

Historically, the test to establish negligence was set out in the case of Bolam v Friern Barnet Hospital Management Committee 1957. The test was the standard of the ordinary skilled clinician. If he conforms to one or more proper standards, he is not negligent. It would basically need to be established that a respected medical body of opinion, would have acted in the same manner as the medical professional in question.

The more recent case of Bolitho v City & Hackney Health Authority 1998 is a case which showed the application of the Bolam principle. The case established that a court has to be satisfied that the body of opinion relied upon by the medical professional has a logical basis.

Medical Negligence claims can prove to me very costly. Obtaining the relevant medical expert evidence can often cost several thousand pounds.

In order to save time and costs for both ourselves and any potential claimant, from the very outset we endeavour to obtain a basic expert opinion in the form of a screening report on the prospects of success of any given case, based on the facts provided to us by the claimant. In cases where there are reasonable prospects of success identified, we will be happy to proceed under a Conditional Fee Agreement, on a no win no fee basis.

Typically, a medical negligence claim will consist of compensation recovered for any pain, suffering, loss of amenity, injury or harm suffered. The nature of an individual’s injuries could give rise to a need for rehabilitation. In such cases we would also seek to recover the cost of any necessary treatments a claimant may well require. In some instances we may be able to claim for other losses such as loss of earnings and any expenses incurred for any care and assistance which was required.

For further information, please do not hesitate to contact our office.

We are always happy to address any queries you may have, however simple or complex. Please feel free to give us a call.