In many ways, medical negligence cases can be seen as a sub branch of Personal Injuries cases. In very general terms, the liability question in medical negligence cases is measured as to whether the medical professional acted within the level of competence of another equivalent medical professional.
The landmark decision in this area derives from the 1989 case Dunne v The National Maternity Hospital. This sets out the test for establishing negligence in diagnosis or treatment on the part of a medical practitioner. Broadly this is whether the practitioner has been guilty of such failures as no medical practitioner of equal specialist or general status and skill would be guilty of if acting with ordinary care. Unlike personal injury matters, medical negligence cases are not submitted to the Personal Injuries Assessment Board and proceedings can be issued without delay once the appropriate reports have been obtained. The issue of quantum is dealt with in much the same way and by applying the same principles as a personal injury case.
How we can help
For every case of this nature we will select an appropriate expert to compile a report examining the issue of medical negligence. To preserve independence, the specialist will often be a UK based consultant. Our first step in instructing the specialist will be to furnish him or her with your complete set of medical notes. If the report is in your favour, we are then permitted by the rules of professional conduct to write to the offending party on your behalf seeking an admission of liability.
* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement