Why I'm a clinical negligence solicitor

Based in our Glasgow office, Ruth Kelliher, head of the clinical negligence team, helps people pursue a wide range of clinical negligence cases in Scotland for rightful compensation.

After 15 years with Digby Brown, Ruth shares what it’s like to help in complex and traumatic cases associated with clinical negligence claims, and why being a solicitor in this department matters to her.

‘No two cases are the same’

In our team, we always say no two cases are the same. I’ve specialised in clinical negligence work for 13/14 years now and on any given day I can be helping clients with:

• Surgical errors
• Birth injury
• Neonatal death
• Delayed diagnosis

Clients will often contact me who are perhaps distressed about what has happened to them, and it takes time to build up trust and it’s completely understandable.

Most people who come to Digby Brown have been through life-changing ordeals or are still coming to terms with serious emotional and physical traumas. What makes those traumas more distressing (in terms of clinical negligence cases) is that it followed the actions of a professional they already put their trust in. It’s therefore really important for me to bridge that gap and establish trust and understanding before anything else.

Victims, survivors and sufferers of clinical negligence cases require extra care, compassion and peace of mind to help them come to terms with the accident, the aftermath, the current situation they find themselves in and plan for the road ahead as stress-free as possible.

Why I’m a clinical negligence solicitor

The best thing about being a clinical negligence lawyer is helping people who have had a particularly hard time - whether that be following injury to themselves or a loved one.

With every person or family I help I want to make sure they get as much support as possible - whether that be damages, counselling, home adaptations, physical care, ongoing support needs or all of the above.

Clinical negligence cases are complex by their very nature so it’s not uncommon for such processes to take a long period of time so it is an amazing feeling to help clients and families reach a more positive endpoint. Nobody can change the past and I know many people would love for their accident to have never happened in the first place. But Clients often contact me to say how grateful they are following the successful outcome of a legal case so I’m acutely aware that such steps do help.

From what I’ve seen first-hand and from the positive feedback we’ve received in the past, I really think the end of their case provides many people with a sense of closure – it helps them separate a painful chapter of their past while empowering them to finally look to the future.

It really is a rewarding job.

Where we can't help

Given the stress and anxiety and emotional upheaval people have already been through by the time they come to Digby Brown, it’s always of the highest importance that we speak openly, kindly and honestly to those who come to the firm for advice. With clinical negligence cases there is an extremely high standard of proof required to secure an admission of liability for the accident – especially when you’re going up against medical professionals like the NHS or private practices. This high standard of evidence expected by the civil justice system sadly means that not everyone is able to pursue their case in the civil courts.

But we are always clear to people about the reasons why this may be and I think people, even if they feel a little disheartened, still appreciate our transparency (in many cases, simply because they’re happy to get straight and honest answers at a time when others might be passing them from pillar to post or taking ages to respond at all).

But a reputable solicitor, from a reputable firm, who has the right knowledge will be able to guide those in need through this complex process.

It can be very difficult at times when you're not able to help every client. Generally, when people contact us, they have been through a very difficult situation, but I think it is important to be upfront and honest from the outset and advise clients. Sadly, there might not always be merit in pursuing a clinical negligence claim.

The difficulties and lack of legislation

When I become involved with clients in clinical negligence cases, they're often at their lowest point, they've perhaps lost a loved one or they've had some terrible injury where they've gone into hospital for treatment and it's not going to plan.

A particular area of clinical negligence law which I find very difficult is when clients contact me about still births - it's a very sensitive issue. Unfortunately, at the moment there is no legislation requiring a health board to compensate a family who have had a still born baby.

We do deal with some of these claims and will assess them on a case-by-case basis to see whether there is any way to pursue the claim for the client. But it is a very complex and emotive area of law where I do feel there should be some change that comes in to help clients who have gone through this trauma.

Our team is here to help

When clients contact our team for advice, they often do feel better that they've actually put something in action. They've picked up the phone and they've got the ball rolling.

Our team are there to offer clear advice and be able to get them through the process of a clinical negligence claim.

I think the key in being a good clinical negligence lawyer is to remain focused on that end goal, which at the end of the day is taking away some of the client’s stress by obtaining an award of compensation that will benefit their lives in the long term.

On Thursday the 6th of October 2022 Ruth will welcome those living with cerebral palsy and their families, along with speakers and exhibitors, to the Cerebral Palsy Scotland Conference in Hampden Park.

Digby Brown’s Clinical Negligence team has many years of experience with cerebral palsy caused as a result of negligence at birth. We are proud to support this conference - Scotland's only annual event focusing on cerebral palsy.

Take a look at the conference programme and register for the event.