To succeed with a clinical negligence claim we need to establish both breach of duty and causation. We need to show that the care you received was substandard and it has caused you an injury. In the majority of cases, expert evidence will need to be obtained to support any allegations made.
At Enable Law, we carry out detailed risk assessments at the very beginning of the case to ensure there are reasonable prospects of succeeding with the claim. If we do not consider there are reasonable prospects, we will advise you of this and explain the reasons why. If we consider there are reasonable prospects of succeeding with the claim and we accept instructions to act for you, we will continue to risk assess the claim at various stages; for example, upon receipt of the medical records, the expert evidence and a response from the Defendant. We will keep you fully updated throughout the case as to what we consider to be the strengths and weakness of your case. We will always act in your best interests and will explore all aspects of a claim to ensure we can obtain the best possible result for you. However, as clinical negligence is a complex area of law which relies heavily on medical evidence, there can never be any guarantees that the case will succeed.