Some Examples of Solicitor Negligence
A Word of Caution
Although media coverage of “ambulance-chasing” lawyers can suggest otherwise, clinical negligence is a notoriously complex area of law. For this reason, we would strongly advise anyone who believes they may have a medical negligence claim to approach a firm specialising in this area of work. It is always worth asking whether the firm you approach has members of either the Action against Medical Accidents (AvMA) referral Panelor the Law Society Clinical Negligence Specialist Panel, as this should indicate that the firm possesses a degree of expertise in this field, as to qualify for membership of those panels you have to objectively demonstrate sufficient experience ands resources to carry out this difficult work.
Unfortunately, even if your case is taken on by such an experienced solicitor, success is not guaranteed. Even the most experienced lawyers cannot predict how a claim involving complex medical issues will progress, and sometimes even very highly skilled lawyers simply cannot achieve the desired result. Often, medical experts cannot be found who will support the case. Not infrequently, even when care has been identified as being substandard, it is just not possible to say whether any otherwise avoidable harm stems from this. You may feel very frustrated and dissatisfied in these circumstances, but the fact that a case cannot proceed does not necessarily mean that the lawyer has done anything wrong.
However, if your lawyer makes a mistake in the handling of the claim itself and it is that mistake which produces a poor outcome, then you may have a claim against that practitioner. In practice, poor outcomes of this kind tend to take one of two forms: firstly, it may be that the lawyer’s (in)action have prevented an otherwise perfectly good case from proceeding (e.g., by failing to issue proceedings within the time limits allowed). Alternatively, the lawyer may have concluded the case successfully, but then failed to achieve an adequate damages settlement for the claimant.
Generally, because a lot of the issues in clinical negligence litigation are very complicated, unless a specific error which had significant consequences to the claim can be traced, it is unlikely that an allegation of negligence can be successfully pursued.
Please click on the links above to read more about solicitors' negligence in the conduct of clinical negligence claims.
