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Clinical negligence claims in Scotland

It can feel incredibly distressing if your medical treatment has not gone as expected or mistakes have been made. Clinical negligence can cause unnecessary illness or injury but in some truly unfortunate circumstances people can sadly lose their lives.

Any injury caused by negligent treatment can feel overwhelming but we want you to know that you don’t have to go through this alone.

A civil action against the NHS or other healthcare providers (such as GPs or dental surgeries) is not just about seeking compensation – it can help victims get the answers and recognition they deserve; it ensures those responsible are held accountable for their failings; and it helps improve medical standards to prevent other people experiencing the same trauma.

Legal claim for clinical negligence

Clinical negligence claims are different from personal injury cases and can be more complicated. It can seem daunting and you may feel like you have no idea where to start. This is why we have specialist solicitors who have decades of experience to help. Gathering the right evidence means asking the right questions and following the right processes which can feel complicated and overwhelming - this is why having the right people on your side matters.

In most cases it is helpful for you to seek an explanation and answers through the NHS complaints procedure. This can help to clarify important aspects of your care and enables us to advise you more fully.

The more information you provide the easier it is for us to advise you. If you would rather speak to someone directly about your circumstances then please get in touch with us.

Making an NHS complaint

Often clients contact us because they want an explanation for what has happened to them and answers to questions that they have. Every NHS board has a complaints procedure and this can usually be found on the health board’s own website.

You can find out more by making a complaint about the healthcare in Scotland on NHS Inform. To make a complaint, you will need to contact the complaints department at your local NHS board using the NHS Complaints Handling Procedure. The NHS is obliged to acknowledge receipt of your complaint and to investigate it in a timely manner.

Complaints about NHS services must be either:

  • Within 6 months of the date on which the matter which is the subject of the complaint occurred, or
  • Within 6 months of the date on which the matter came to the notice of the complainant.
  • But normally no later than 12 months from the event.
  • Complaints received after this period may be investigated if the Chief Executive accepts that it would have been unreasonable for the complainant to make it earlier and where it is still possible to investigate the facts.

For a medical negligence case to succeed it is necessary to prove that the treatment that was provided fell below the appropriate standard of care. That standard is judged by the standard of other professionals practising in the same field. It is therefore necessary in every case to obtain an opinion from one or more independent medical experts.

It is also essential to prove that the unacceptable treatment caused or contributed to an adverse outcome. This is known as causation. This aspect of the claim can sometimes be very complicated and needs to be investigated by independent experts.

Ruth Kelliher, Partner at Digby Brown explains the NHS complaints procedure

Types of clinical negligence claims

Whether you or a loved one has experienced inadequate care, the impact can be life-altering. We specialise in a variety of clinical negligence cases, such as:

  • Misdiagnosis - when a condition is missed or wrongly diagnosed, causing unnecessary suffering or delayed treatment.
  • Cerebral palsy – Avoidable complications during childbirth due to negligence from medical professionals that result in a cerebral palsy diagnosis.
  • Birth injuries – Any harm to the mother or baby during birth, including issues like delayed diagnosis of pre-eclampsia, bladder injuries and Erb’s palsy.
  • Surgical error – Mistakes made during surgery or inadequate post-operative care, that result in harm to the patient.
  • Hospital treatment – When treatment in a hospital setting results in the worsening of a condition or, in severe cases, death.

No matter the type of negligence, we are here to listen to your concerns.

No win, no fee personal injury solicitors

The expression “No win, no fee” is often used in personal injury cases.  It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses. 

A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful. 

In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.

Compensate 'no win, no fee' funding

Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.

If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing

On average our clients receive over 3 times the pre-litigation offer

Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.

In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.

Don’t take our word for it, just read many of the court decisions and case studies on our website.

Beware of compensation offers which may be too good

We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.

  • How do they make their money if they don’t charge you anything?
  • If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
  • Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
  • If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
  • It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
  • These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.

We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value. 

Getting something for nothing is usually the first sign of poor service.

Correct level of compensation with Digby Brown

Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.

Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.

Contact Digby Brown's personal injury solicitors

We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.

For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.

Legal help from specialist solicitors

Medical negligence cases are amongst the most complex cases you will find. It is important to speak to a solicitor that you know is fully equipped for the task. That means speaking with a specialist solicitor with a proven track record.

At Digby Brown Ruth Kelliher heads an experienced team of five based across the Edinburgh and Glasgow offices. Ruth is accredited by the Law Society as a specialist clinical negligence lawyer and is recognised as a specialist in her field by Chambers & Partners.

Chambers & Partners and The Legal 500 Guide review law firms in Scotland and can confirm whether the firm you wish to use is a specialist. The Law Society holds a register of solicitors accredited in this field. You can access these publications for free on the internet.

The firm are members of Action Against Medical Action (AvMA) with most of the team also being recognised as specialists by the Law Society of Scotland alongside Ruth.

Meet the Clinical Negligence Team at Digby Brown

Here to help

In certain circumstances we understand that speaking about what happened can be very difficult, especially when your enquiry relates to complicated and sensitive issues.

If you would like to talk to someone about your experience, or need expert advice on a possible claim, our team can help.

Please complete a simple clinical negligence form and give as much detail as you can. This will help in our ability to fully understand your circumstances and best decide on the next steps to be taken. This advice is, of course, free of charge.

0333 200 5926

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