Professional Negligence

What is Claim for Professional Negligence?

Professional Negligence Claims:

It is a well-known fact of life that sometimes even professionals can make mistakes. Negligence by a professional who you have trusted to look after your welfare can have serious personal and financial consequences. Omnis Law's panel solicitors can offer advice on a number of Professional Negligence Claims including claims against;

  Financial Advisers
  Accountants
  Health Professionals
  Solicitors
  Barristers

Our panel of experts understand that at some stage you have already been let down by a professional; our ethos is to help you regain that trust in professionals by making the process of claiming as quick and easy as possible.

In order to begin a claim against Professional Negligence the following criteria must be satisfied:-

Duty of Care

It is necessary to prove that the Professional owed a duty of care to the person they advised. This duty is fundamental to the relationship between a Professional and his or her client and, as such, in the majority of cases, duty of care is relatively easy to establish.

Breach of Duty

The next step is to prove that the Professional in question breached the duty of care that they owed to their client.

This is rather more complex and requires a comparison of the advice and conduct of the Professional concerned against a number of important criteria – in particular, whether that advice and conduct met the standards required of a reasonably competent member of that profession.

Loss

Where a breach of duty can be proved, it is also necessary to prove that the breach directly caused a financial loss. If there is a loss then you ought to be compensated for that loss. Solicitors and barristers (and most other professionals) are required to have insurance to cover the costs of claims against them; this is known as Professional Indemnity Insurance.

A point to remember:

Poor service alone does not amount to negligence; additionally you must have suffered a physical or financial loss in order to be entitled to any compensation, even if someone has acted negligently. If a professional has provided a poor service, but is not negligent, you should in the first instance seek advice from your local Citizens Advice Bureau who will be able to give you details of professional bodies such as the Financial Ombudsman Service.

If you think that you may have a claim against a Professional you need to act quickly as strict time limits apply in most cases.

Enquire Now

To enquire about making a claim for compensation for Professional Negligence and would like more information about how Omnis Law can help you, please contact us by email at: info@omnislaw.co.uk or by calling us on 0161 282 9634. A member from our New Client Services team will be happy to assist you.

Medical/Clinical Negligence

What is Medical/Clinical Negligence?

Claim For Medical / Clinical Negligence:

The care you receive from your doctor, nurse, hospital or other healthcare professional can have a very significant impact on your health and well-being. Generally the UK has a high standard of healthcare and most of us are lucky enough to always receive good care. A medical negligence claim may arise if a lack of care and skill in the performance of medical treatment has caused an injury or bad outcome. This can also be called a ‘medical malpractice’ claim. Of course, not all bad outcomes are due to negligent treatment. Sometimes the best medical treatment cannot prevent illness or injury.

What are 'Never Events'?

Sometimes poor medical treatment can cause or worsen injuries; 'Never Events' are cases of malpractice that should 'Never' happen. Examples of 'Never Events' have been recently reported in the national news and the startling statistics are that between 2009 and 2012 there were:

  322 cases of foreign objects left inside patients during operations;
  214 cases of surgery on the wrong body part
  73 cases of tubes, which are used for feeding patients or for medication, being inserted into patients' lungs
  58 cases of wrong implants or prostheses being fitted*

If you have suffered from a similar experience contact Omnis Law for a private and confidential discussion with one of our expert medical panel.

Do I have a claim?

To determine if you have a claim in medical negligence, you must be able to prove three important things;

  that the treatment you received showed a less than reasonable level of care, skill and expertise;
  that you have suffered some injury or damage; and
  that the lack of reasonable care taken was the cause of your injury or damage.

Historically the typical rule for assessing the appropriate standard of reasonable care in cases involving skilled professionals is the Bolam Test. (Bolam v Friern Hospital Management Committee [1957] 1 WLR 582). The test relies upon a 'standard of treatment' (or the standard reasonably expected of a professional). If the treatment provided falls below the required 'standard of treatment', it may therefore be regarded as negligent.

Recently, medical negligence claims have grown to encompass cases in which a medical practitioner may be negligent if they have failed to provide a patient with a range of information. Usually this would be information that is required in order for a patient to provide 'fully informed consent' to a procedure. It may be the case that you gave permission for a course of treatment without being warned of all of the risks and therefore did not give 'valid consent', and that one of these risks subsequently caused you an injury or illness. If that is the case then you may have been a victim of negligence and may have a right to compensation.

The claims process is similar when claiming compensation from the NHS or private healthcare providers. Notably however, the NHS have their own litigation department, the NHS Litigation Authority (NHSLA). All NHS patients are covered by a written constitution, a patient charter designed to protect a patient's rights to have their complaints handled transparently, efficiently and fairly. The constitution further ensures that patients who have been treated negligently have the right to claim compensation.

How long do I have to make a claim?

In the UK there are strict limits that apply when making a claim for negligence. If you think you may have a claim or you have an inquiry in respect of medical treatment you have received, the you should contact Omnis Law as soon as possible. Medical negligence is a particularly complex area of law and any potential claim must be investigated thoroughly.

What happens if I win a medical negligence claim?

If you can prove that your injury was caused by negligent treatment, you may be eligible for financial compensation. Compensation for negligence is intended to reimburse you for the costs of your injury. It is not intended to punish the negligent party. The amount of money awarded in compensation reflects the level of pain and loss suffered, not the nature of the negligent treatment. Compensation may be paid for:

  general damages for pain and suffering and the loss of enjoyment of life
  the cost of medical expenses and treatment arising from your injury
  the lost wages and income caused by the injury

Common types of medical negligence:
  The wrong operation being performed,
  The wrong body part being operated upon,
  Foreign objects left in the body,
  Organs being perforated,
  Cosmetic surgery; scarring / disfigurement,
  Infection caused by poor hygiene e.g MRSA

In some cases you may be able to receive compensation for the care provided to you by family or friends, even when that care was provided at no charge.

Enquire Now

If you suffer from any injury or illness due to Medical Negligence and would like more information about how Omnis Law can help you, please contact us by email at: info@omnislaw.co.uk or by calling us on 0161 282 9634. A member from our New Client Services team will be happy to assist you.

* Source: National Health Service, NHS Litigation Authority.