Medical Negligence
We provide a medical negligence service and have a good track record of success in the field, having recovered hundreds of thousands of pounds for clients in some instances. We deal with medical claims in a sensitive and thorough manner. We listen carefully to the client’s case history and identify possible grounds of action. Wherever possible, we will proceed with a claim and achieve the best possible outcome.
Medical law is a specialist field and to practise successfully in it, a solicitor must have a working knowledge of medical and surgical practice. Coming from a medical family, Malcolm Cameron has the requisite knowledge. He understands medical terminology and procedures.
We deal with:
- Hospital Negligence
- Surgeon and Nursing Negligence
- GP Errors
- Death of a Relative; and
- Dental Negligence
Medical Negligence Explained
The legal test of medical negligence is demanding of the Pursuer. It is purposefully so to protect the profession from excessive claims that might foster risk-adverse medical practice to the detriment of all.
The Pursuer must prove that the medical professional acted outwith accepted medical standards to such an extent that no practitioner in the field, and acting with ordinary skill and competence, would have acted in the same way. The Pursuer also must prove a direct link between the negligent treatment and the harm caused to them. The successful litigant must show, on the balance of probability, that is greater than 50%, that the negligence made a material difference to their condition.
Time-Limits
Crucially, an action for medical negligence must be brought within three years of the date of negligence or the date when negligence was reasonably known. In the case of childhood claims, the time limit expires on the child’s 19th birthday. In death claims, an action must be raised within 3 years of the date of death. If an action is not raised timeously, then the right to make a claim is permanently lost.