Do I have a Claim?
Do I have a Claim?
In order to make a successful claim for clinical negligence there needs to be significant evidence that:
- The healthcare professional failed in their duty of care, and also that
- Their actions (or lack of action) caused avoidable harm
A term that you may hear once you start exploring a medical negligence claim is ‘causation’. Causation, in the legal sense, is proving the negligence has directly caused the injury or outcome. For example, a doctor not noticing a tumour in the early stages could directly result in the cancer progressing and being inoperable. However, a late-stage cancer being missed and the patient passing away may not be directly linked, as sadly the outcome would have been the same whether the patient was referred straight away or not as the cancer was already terminal.
Sometimes there can be errors made, and even fault admitted, which has not had a direct impact on the patient and therefore it would not be possible to put a claim forward.
There are strict time limited in place when pursing a claim so you do need to act fast. You have three years to bring a claim and this will be taken from the date of the negligence or the date of knowledge of the negligence. It is therefore advised to seek legal advice at the earliest point to ensure that the process can be followed in good time to avoid missing the deadline.
The amount of compensation you receive for a successful claim will depend on the particular circumstances, the severity of your pain and suffering and any long-term care requirements. Compensation claims will also take into account loss of earning or impact on ability to earn due to medical conditions or injuries.
To find out if you have a valid claim, please call our team of experts on 01256 844888. There is no costs to you, initial enquiries are dealt with promptly and our lawyers will give you an honest opinion on your case and the potential compensation levels you could be looking at.
If a claim is accepted by Lamb Brooks, this is on a ‘no-win-no-fee’ basis meaning that there is no risk to you.