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Medical Negligence - Do I Need A Specialist?

By Jamie Simpson

Republish: EasyPublish™
Published: 26Jan2012
Word count: 466
Viewed: 44 time(s)

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When a medical procedure or treatment goes wrong, the results can be physically, financially and emotionally destructive. Many people will consider whether to sue the medical practitioner or institution that performed the treatment. At this point, and possibly just when they feel least able to, patients are faced with another decision; how do I select a lawyer?

There is no shortage of legal professionals in the UK: small high street law firms, enormous multinational partnerships, general claims handlers, and directly instructed barristers are just some of the options available. How to choose between them all?

Two factors should help you decide - expertise and trust.

If a treatment or procedure has gone wrong in some way, it is possible that the medical practitioner concerned has performed their job negligently. This means that because of the way in which the treatment was carried out, the patient's care did not meet the standard generally expected. Medical negligence is just one of many types of negligence, and all types of negligence are similar. Courts apply certain tests that are common to all of them. Medical negligence, however, is different in a number of ways.

First, medical practitioners are professionals, and courts apply tougher tests in cases concerning professional negligence. Second, medical practice is a highly specialised profession. Doctors work within a particular specialist field, acquiring and applying knowledge honed over decades. These two factors mean that when deciding what kind of lawyer to instruct, patients should ask themselves; "Does my lawyer have experience in cases of professional negligence, and do they understand this particular area of medical practice?"

Remember, doctors and other medical practitioners will probably be covered by professional indemnity insurance, and the institution they work for will be similarly insured, so the amounts that they will be able to spend on lawyers will be significant. It is also highly likely that their own lawyers will have detailed understanding and experience of their area of medicine. Such lawyers may even have been doctors themselves once. Patients should ask themselves, "Would a doctor use this lawyer to defend themselves?" If the answer is yes, it's likely you've found the right lawyer.

Finally, one last thing is vitally important when instructing someone in cases of this type. Trust. When medical treatment fails to come up to the expected standards it can be an emotionally draining and traumatic experience. Though it's incredibly useful to have someone on your side with specialist knowledge, it's also vital that you trust that they understand how the negligence has affected your life.

Look for someone who inspires your trust and who has specialist knowledge, and you will improve your chances of obtaining a favourable outcome.

For more information on medical negligence

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