Have you suffered injury?
- Do you believe this was as a result of a doctor’s negligence?
- Can you prove injury and loss?
We can help you:
- First free interview
- Discuss medical evidence
- Advise on negligence
- Consider no win, no fee
Unfortunately we cannot offer Legal Aid.
for help and advice regarding your claim please contact our personal injury and accident specialists: 0208 290 7958 or email pi-solicitors@wellerslawgroup.com. Alternatively fill in a short questionnaire on the bottom right hand side of this page and post on line.
Clinical Negligence - The Basics
A clinical negligence injury can be disastrous. The clinical negligence solicitors at Wellers Law Group LLP appreciate that lives can be turned upside down when mistakes lead to injury. We are here to help you through any claim you may have against the NHS Trust or an individual such as a private consultant, general practitioner and specialists such as laser eye clinicians, dentists and cosmetic surgery.
Doctors are responsible for their own actions but a claim is actually brought against the NHS Trust responsible for the hospital where the injury was suffered.
Naturally, it must be remembered that doctors occasionally err in judgement. An error of judgement does not amount to clinical negligence.
The test in law is to judge a clinician by the standard of the ordinary competent clinician in the relevant speciality of medicine. Therefore, if a medical expert finds that the care provided accords with a responsible body of relevant expertise there will not be a finding of negligence.
The test is strict and evidence from an expert is of paramount importance. Solicitors can only advise on the legal procedures as they are not medically trained. We start by looking at the medical records to see if any negligence is self evident, consider the outcome of any complaints procedure and, as appropriate, draft a letter of instruction to the medical expert.
Inquests
With regard to fatal incidences, the death of a loved one will be considered by an inquest. The coroner will consider how the deceased came by his death by hearing evidence from the family, any witnesses and doctors. The inquest is a fact finding exercise. The Coroner is expressly forbidden to consider criminal responsibility on the part of any named individual or civil responsibility such as the negligence of a doctor. However, inquests can be extremely useful to solicitors considering a potential clinical negligence and an early instruction will enable us to either represent you at an inquest, instruct a barrister or give advice as to how the inquest will be dealt with. With the advancement of human rights, the recoverability of costs for an attendance at the inquest may be considered as reasonable in some circumstances. However, the Courts do not always allow costs for the Inquest and in some circumstances it is necessary for us to ask you to pay for this representation.
Free interview/costs
As these clinical negligence cases are complicated Wellers Law Group LLP are prepared to give free interviews to consider each case on its individual merits. Wellers Law Group LLP appreciate that no two negligence cases are the same as the effect on individuals can vary greatly. We listen to your particular circumstances and the impact these have had on your life and your family who may have to care for you either in the short term or sadly, sometimes in the longer term.
Wellers Law Group LLP offer flexible funding arrangements such as a NO WIN NO FEE AGREEMENT. As each case turns on its own facts, we will advise you with regard to any available funding assistance at the first free interview. We cannot offer legal aid.
For professional and caring help with your claim contact us on 0208 464 4242 and ask to speak to one of our Personal Injury Lawyers or email pi-solicitors@wellerslawgroup.com. If we think you have a good claim we will offer you a NO WIN NO FEE agreement and you can make your claim with nothing to pay.