Medical Negligence Claims in England and Wales
Negligence in a clinical setting occurs more often than you might suppose. Recent research indicates that 10 percent of all patients suffer injury in the course of medical treatment, and negligence on the part of medical professionals accounts for about half of those injuries.
If you suspect that your medical treatment, or that of a close relative, fell short of the expected standard and caused an injury or death in your family, contact a specialist clinical negligence solicitor at Moore Blatch Resolve. We advise claimants around the country, and we can meet with you at home or in hospital if it's inconvenient to come to our offices.
Outstanding Client Service in Medical Negligence Litigation Nationwide
We have an experienced and highly accomplished specialist team with a strong record of success in all manner of claims against hospitals, GPs, dentists, and NHS and private healthcare providers. Recognised as leaders in the field of medical negligence, our team comprises solicitors qualified in medicine, nursing and midwifery. Some of our lawyers have experience with the investigation of serious medical accidents on behalf of the NHS, which gives us invaluable insight into the NHS settlement decision process.
Our range of expertise covers medical negligence problems of all kinds:
- Misdiagnosis or delayed diagnosis of serious illness, including cancer or heart disease
- Obstetric negligence resulting in serious birth injury
- Surgical errors, including anaesthetic awareness or wrong-side surgery claims
- Negligent treatment in hospital wards or post-operative recovery units
- Errors in prescription medicines
- Paediatric negligence
We can advise you about every aspect of your medical negligence claim, from assessing its value to funding the investigation and presentation of your case.
In our experience, people injured through the negligence of medical professionals usually want to achieve four important goals: an honest explanation, a sincere apology, fair and adequate compensation, and assurances that others won't be harmed through a similar mistake.
Our solicitors can help you with all of these objectives while adapting our services to your specific needs. For additional information about the medical negligence practice at Moore Blatch Resolve, contact us in Southampton or Richmond for a free consultation. You can also visit our Web site dedicated to medical negligence issues, www.clinicalclaims.com.
GOVERNMENT CALLS TIME ON LEGAL AID FOR MEDICAL NEGLIGENCE CLAIMS
In the current climate of economic austerity and sweeping public cuts, it comes as no surprise that the Ministry of Justice is actively seeking to remove medical negligence from legal aid, while yet further systematic reforms hint at making claimants pay fees and premiums out of their own compensation.
Why reform the way medical negligence cases are funded?
When we analyse the number of accident claims and the ensuing cost of them, it is easy to see why the handling of medical negligence claims has become such a pivotal issue in the wider debate for the reform of legal costs and funding.
As an example, in 2009/10 the NHS Litigation Authority received 6,652 clinical negligence claims (total figures including non-clinical claims exceeded 10,000) and reports that for every £3 paid out in compensation it paid £1 in legal fees. The total legal fees for the year stood at over £120million, and go some way to explain why legal aid is being cut.
It is not just cuts to legal aid, though, that threaten to add to the suffering of the consumer.
Double pain for the consumer
Defined as a fee charged for a solicitor's service only if the lawsuit is successful or is favourably settled out of court, 'no win, no fee' or Conditional Fee Agreements (CFAs) have become a far more prevalent way of claiming compensation in recent times.
Of the claims settled by the NHS authority in 2009-10, CFAs funded 5,843, with 1,822 paid for by legal aid.
Unfortunately for the consumer, Lord Justice Jackson's proposed reforms also seek to make medical negligence claimants pay solicitors' fees and insurance premiums out of their own compensation. Unsurprisingly, many feel that these changes could render CFAs an ineffective means of recovering compensation.
Considering the 'no-fault' alternative
A system in which injured people would not have to prove negligence to claim compensation is under review in Scotland. Predicated on removing the lengthy and expensive adversarial battles typically seen in medical negligence cases, it is proposed that the 'no-fault' scheme would result in greater commitment to change procedure when defendants are liable. This is often the desired outcome for patients before any financial remuneration.
While the proposed new scheme would provide more people with access to justice and a less adversarial system, it is unlikely to be implemented owing to the vast increase in cases brought, should there be no onus to prove negligence in order to claim compensation. The resultant costs of such a change are inconceivable in the current climate.
Moore Blatch - London based personal injury solicitors
If you have suffered as a result of medical negligence and have been declined legal aid, now could be the right time to submit a claim before the new proposals are ratified.
Contact Moore Blatch's experienced personal injury solicitors, who can provide free and professional no obligation legal advice, with competitive prices and a range of fee structures in place from hourly rates to fixed fee agreements - all tailored to the requirements of the work and the client.
