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  • Medical & Clinical Negligence Claims

    Injuries that occur in the course of medical treatment or when in the care of medical professionals can sometimes give rise to an entitlement to compensation for the losses and expenses caused.

    The least you should be able to expect is a full explanation of what has gone on, an apology where appropriate, and assurances that any problems that might affect other patients have been addressed.

    We have lawyers with the expertise to deal with claims sensitively and effectively advising you whether you appear to have a valid claim and will be pleased to answer any queries you may have as how to go about recovering compensation.

    We have experience of assisting in complaints about:

    • Hospitals
    • Family doctors and other healthcare professionals
    • Care homes
    • Care providers

    As well as experience of clinical negligence including:

    • Failing to diagnose your condition or making the wrong diagnosis
    • Making a mistake during a procedure or operation
    • Giving the wrong drug
    • Failing to obtain consent to treatment
    • Failing to warn about the risks of a particular treatment.

     

    To be successful in your legal claim you must prove negligence and causation, and you must succeed in both:

    • Negligence: proof that the care received fell below medically acceptable standards, and
    • Causation: proof that the breach of duty (or negligence) of the clinician directly resulted in an injury.

    Care Home Injuries

    When we pay care homes we expect that our family members will receive the highest quality care, unfortunately this isn’t always the case. Sometimes due to the neglect by care home staff, our loved ones can receive injuries as a result of accidents which may happen during their stay. These accidents can happen as the result of poor care home maintenance, carelessness or even as a result of abuse at the hands of staff. If you or one of your family members finds themselves in this situation then you could be eligible to make a compensation claim.

    What sort of injuries could I claim for?

    • Injuries caused by slips and trips over unsafe surfaces
    • Injuries caused from food poisoning or malnutrition
    • Injuries caused by physical impact, including physical abuse
    • Mental and emotional injuries which result from negligence or abuse.

     

    Advice on Making Complaints

    Writing an effective formal letter of complaint is not always straightforward. Our experience is that those having an emotional involvement often benefit from a second opinion before preparing a formal letter of complaint about their treatment or care.

    If you wish to receive advice and support when making a formal complaint, we can complete the points below as part of a fixed fee service:

    • Tinsdills will meet you to discuss the issues and to understand the background to your complaint;
    • Identify the main issues and agree with you a list of your concerns and questions;
    • Draft a letter of complaint for you, or, alternatively, suggest changes to a draft letter you may prepared;
    • When you have a response to your complaint we will discuss the response with you and where necessary, draft further letters for you seeking clarification of the response and/or additional information;
    • Thereafter, and we will advise you further about the merits of any legal action you may be considering.

    Tinsdills provide:

    • Advice as to the time limits that will apply in your case;
    • Experienced and level-headed advice about the funding required to bring your claim;
    • Lawyers having the knowledge and expertise to obtain, review and collate the necessary medical records;
    • Lawyers able to conduct detailed investigations of the facts relevant to your claim;
    • Advice on the law affecting your entitlement compensation – breach of duty and causation;
    • Advice on the law affecting the assessment and quantification of damages (your compensation);
    • Access to the appropriate legal and other experts upon whom you will rely on to establish your claim and to value your losses;
    • Guidance through the process of court proceedings, if necessary, to obtain the remedy (compensation) you are entitled to receive;
    • Skilled negotiation where a settlement can be achieved without court proceedings;
    • Access to advise on the management and protection compensation awards after the claim is concluded;
    • Advice and assistance with applications to the court protection for appointment of a deputy and at the ongoing management of compensation when court credential is involved.

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