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This stage involves preparing the case, examining the relevant medical records and selecting the most appropriate medical expert for your case.
At the earliest opportunity we will discuss the circumstances of your case and obtain as much information as possible about the events of which you complain. You may wish to provide a written diary or notes, which we will take into careful consideration alongside any other information you provide.
With your consent we will then arrange to obtain the relevant medical records from the GP, hospital or private clinic. Your solicitor will often obtain medical records from a number of different sources to piece together evidence that may be vital to your case.
In the initial stages of a clinical negligence case there is a Code of Conduct to follow, known as the Protocol for the Resolution of Clinical Negligence Cases.
Preparing The Case
Your lawyer will then sort the records into a logical order and take your instructions on entries in the medical records and provide you with a copy if you wish.
Once the records have been prepared we will source the most appropriate medical expert to provide an opinion in your case. We will always ensure they do not know the medical staff involved in your case in order to avoid any conflict of interest.
Once we have identified a suitable expert, they will use the documentation we have prepared to provide a medical report dealing with the relevant issues. The medical report will often determine the success of your case and it may be necessary to instruct more than one type of medical expert.
Medical Experts
In order to succeed with a clinical negligence case it is necessary to prove that the standard of care that you or your loved one received fell below a reasonable standard, i.e. it amounted to negligence and that the negligence caused you or your loved one some injury, loss or damage.
It may be necessary to obtain a report on negligence from one expert and a report on the consequences of that negligence from a different type of expert.
For example, if a GP failed to refer someone with a lump which turned out to be cancer to a specialist we would need a medical report from a GP on the question of negligence and a separate report from an expert specialising in cancer to give an opinion as to whether the negligence caused any additional injury or damage.
Once the medical records have been carefully considered and reports obtained from the medical expert(s) we will advise you on your prospects of success. If the medical evidence is supportive then we would advise you to move on to the next stage which involves sending a letter of claim making a formal claim against the negligent medical practitioner or NHS Trust.
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