Clinical Negligencey

**Clinical Negligence** (or medical malpractice) occurs when a healthcare provider—a doctor, nurse, surgeon, or hospital—fails to provide an appropriate standard of care, and that failure directly causes the patient to suffer **avoidable harm, injury, or loss**. It is distinct from a poor outcome that was unavoidable.

We must prove three essential elements, often referred to as the 'three C's': **Care, Culpability, and Causation**. Specifically, we must show a breach of the duty of care, that this breach was negligent, and that the negligence directly caused your injury (the 'but for' test).

The general rule is **three years** from the date the negligence occurred, or three years from the date you first became aware (or reasonably should have become aware) that your injury was due to negligent care. Exceptions exist for claims involving children, mental incapacity, and specific military or overseas cases.

Yes, potentially. While complications are known risks, negligence may still occur if the risk was not properly explained (**lack of informed consent**) or if the medical professionals failed to manage or treat that complication correctly when it arose.

We handle most claims on a **"No Win, No Fee" (Conditional Fee Agreement)** basis. This means you do not pay our legal costs if the claim is unsuccessful. Your initial consultation is always free and without obligation.

Compensation covers: **General Damages** (pain, suffering, loss of amenity) and **Special Damages** (financial losses), including past and future loss of earnings, private medical treatment, rehabilitation costs, care and assistance, and necessary home adaptations.

The duration varies significantly based on complexity. Straightforward claims that settle early may take **12-18 months**, but complex cases involving multiple medical experts and severe injuries can take **2-5 years** to fully resolve. We always prioritize a resolution that is fair and timely.

We primarily rely on your **medical records**. Once instructed, we manage the formal process of obtaining these records. Any other details you have—dates of appointments, names of staff, and photographs of the injury—are also helpful.

The vast majority of Clinical Negligence claims are settled **out of court** through negotiation or mediation. While we prepare every case thoroughly for trial, court proceedings are typically a last resort, used only when the defendant refuses to make a reasonable settlement offer.

We handle a wide range, including **misdiagnosis or delayed diagnosis** (especially of cancer), **surgical errors**, birth injuries (to mother or child), errors in medication, dental negligence, and fatal accident claims.

In the rare event that a case goes to court, you would be expected to attend to give evidence. However, you will be fully supported and guided by your legal team at all times. In most negotiated settlements, you will never have to attend court.

Handling overseas claims can be complex, but it may be possible depending on where the negligence took place, the jurisdiction involved, and where the responsible party is based. We assess these complex jurisdictional issues on a case-by-case basis.

Absolutely not. Making a claim will not negatively impact the future medical care you receive. Healthcare providers have a professional obligation to treat all patients according to the accepted standards of care, regardless of any past legal action.

A 'Breach of Duty' means the healthcare professional acted in a way that no reasonably competent body of peers, specializing in that field, would have acted. This is typically established by obtaining and relying on the opinions of independent, expert medical witnesses.

**Contact Sampson Cuthbert immediately for a free, confidential case review.** Do not communicate with the hospital's legal department or insurer until you have received independent advice. We will evaluate your case, discuss the evidence, and advise on your next steps without obligation.