Who is the Party Responsible for Clinical Negligence Claim?


Most people find it really hard to seek compensation for medical treatment they were given and which may have been negligent. This is especially true if the person is still suffering the consequences of a medical error. A misdiagnosis whether it was an incorrect one or failure to make a correct one can be devastating. However, if you are in that position and feel you need to seek compensation the only real route to take is to contact a specialist personal injury solicitor.

They will be able to walk you through what often seems like a complex process but the first thing you need to understand is who the party responsible for clinical negligence claims is because it certainly isn’t you.

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Seeking professional legal advice is essential in personal injury claims

Seeking the Right Legal Advice

If you feel unsure about making a compensation claim, you should seek professional legal advice. A personal injury solicitor would be able to allay any fears you may have about lodging a complaint against someone you know in the medical profession or against a medical establishment. The solicitor would also be able to get an independent medical expert to examine your case and subsequently offer a report on whether they believe the treatment you received was of an unacceptable standard.

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What if Your Claim for Compensation is Not Justifiable

Should the personal injury solicitor think your case is not justifiable and that you would not be entitled to receive any compensation, you should listen to their advice as they are experts in the field of work. Should the independent medical expert who examines your case state feel the treatment or advice you received was of an acceptable standard and the injuries whether physical or psychological you suffered were not as a direct of their treatment, then you would have to drop your case against the healthcare workers or establishment in question.


A misread x-ray can lead to all sorts of medical complications

What if you are offered an Out of Court Settlement?

The majority of medical negligence injury claims are hotly disputed which is why you need to have a solid case if you hope to win any sort of compensation. However, there are times when the healthcare professionals you are seeking compensation from might offer you an out of court settlement as a way to avoid all the extra costs of going to court. Your personal injury solicitor would handle this for you and seek the right amount of compensation to suit the injury from the parties responsible. The reason cases are settled out of court is because insurers have understood this is by far the easiest and less expensive way of dealing with medical injury claims.

Going to Court

If an out of court settlement cannot be reached or is not offered, then you would need to be prepared to go to court to seek compensation. Again, your solicitor would handle all the necessary paperwork involved and would ensure all the receipts, invoices, and expert’s report are made available for the case to begin ensuring that you stand a very good chance of winning your claim and receiving the right amount of money in compensation for your injury.


Although it is a difficult decision to make, lodging a medical negligence claim does not have to be a stressful process to live through. If you choose a reputable firm of personal injury solicitors to represent you and one that boasts vast experience in this area of the law, they will make it their mission to simplify the process for you so making it easier for you to cope with. Very often people who’ve suffered medical negligence are too weak to fight their case and often feel guilty at bringing a case against someone in the medical profession they may know.

However, if you feel you were treated negligently and are suffering therefore, you need to know your rights and just who is the party responsible for clinical negligence claims in the first instance.

You can further information on the clinical negligence claims information websites, https://mycasesource.com/ , https://attorneyatlawkenya.com/ , is one of the most comprehensive websites when it comes to finding a personal injury lawyer. Visitors can read articles about common myths surrounding personal injury law and learn more about what to expect during the litigation process.

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