Patient to sue solicitor, not doctor

Doctor looking at notes

A recent article which appeared in the legal press states: "A man who raised an action for damages after doctors failed to diagnose his kidney failure at an early stage could sue his solicitors for their failure to bring his claim timeously, Judge Lady Smith in the Court of Session, has ruled".

Sue Grant, Head of the Clinical Negligence department at Digby Brown commented: "It is unfortunately nothing new for solicitors to fail to raise their clients’ court actions on time. There is however the wider issue of firms who dabble without sufficient experience or knowledge to do right by their client.

"Specifically, in the field of Clinical Negligence, Digby Brown sees a multitude of cases where what can only be described as “inept dabbling”, takes place as a poor substitute for practicing the law. Not all of these cases reach us after the expiry of the time bar, but many arrive within weeks of time bar, in the vague hope that a minor miracle can be performed. Allied to this and just as disruptive to the prospects of the case, is the number of files where the actions taken by the dabbling firm will have destroyed any hope of accessing the relevant information and obtaining the necessary expert opinions to give the case a chance of success.

"In this changing legal landscape, where the recession has bitten deep, the necessity to dabble to help the cash flow may be a disaster waiting to happen."

Clinical Negligence is a specialist area of the law in Scotland. Sue Grant has over twenty years of experience in the field.

If you would like to talk to her about your experience, in the first instance please email: clinical.negligence@digbybrown.co.uk, please give as much detail as you can as this will assist in our ability to fully understand your circumstances and best decide the next steps to be taken.