PROMOTION Securing a future following medical negligence Suffering a serious injury can have a huge impact on the individual and their family. where resources are pressured and the future uncertain How do you prove a case? review your medical records and provide their opinion on both of these There are two main elements to a claim. elements of a claim 1. You have to establish that the standard of treatment provided has fallen below the standard expected of a reasonably competen doctor dealing with your particular condition. The only way to do this would be to obtain copies of your medical records and ask an expert How will the money be paid? Each case differs, but there is the What type of things can you claim for? That will depend on the nature and extent of the injury. There is potential option to consider a 'structured settlement' comprising of a lump sum to accommodate immediate needs and periodical payments for the rest of a client's life. Periodical payments can represent better provision where it is uncertain how long the injured person will live following the injury. The amount of the periodical payments are calculated in relation to future losses. That is because they represent an ongoing need of the Claimant for example for care. This provides reassurance to the Claimant and to claim for help with education earnings, accommodation, transport equipment, mobility, therapies and to comment on the standard of care and assistance with independent living. Compensation is tailored to the individual and assists with providing security and helping with those things that we take for granted, improving quality of life for the whole family. Compensation is designed to put treatment. In other words, if you were to ask a number of doctors practicing in the same area as the doctor you felt was negligent, what would they have done in your case, if most of them say they would have done the same thing, that would not be considered negligent. If some would and some wouldn't, that would still not be good enough to prove negligence. Most ofthem would have to agree the the person back in the position they would have been had the incident their loved ones that the money will not run out and their ongoing needs not occurred will be met. They are also favoured by Defendants as they remove the risk of overcompensation should the individual not survive to their How long will it take and do I have to wait until the end for compensation? How long a case takes to conclade depends on the individualcase, the opponent and what happened. We coordinate a team of medical treatment was below standard. 2.If you can establish the treatment was below standard, you then have to show that the poor treatment has caused you extra pain suffering. loss and damage over and above that which you may have experienced even if you had received the appropriate treatment predicted life expectancy. The money is received and used for the benefit of the intended recipient for as long as it is required, thus protecting the public specialists and barristers to work on purse your behalf, guiding you every step of the way. The opponent has two options; to accept liability and negotiate- compensation, or deny fault. In a strong case we would start the Court Ifthe client is an infant or a patient there will be the need for the Court to approve the amount to be accepted. The money is then often invested based on advice, and the money managed by a Deputy. This acts as an extra safeguard. I am able to act How do you investigate? Ifan act or omission by a hospital trust has been identified, there ought to be- a duty of candour notification' where process, the majority of cases settle before a trial there has been significant harm, or the potential to cause significant harm. The aim is to enable learning Calculation of a settlement will often as a Professional Deputy to extend continuity and familiarity even after the conclusion of the case, acting in rely on several experts to assess value In a strong case we can seek an interim payment to assist with immediate needs and allkw help while the true extent of the best interests of the individual. and to increase support. We take instructions from the dient and review the medical records to consider the merit in the case the damage is investigated. Adequate For further information and advice please compensation restores some normality to family life. The right compensation contact Leonie Milard The next stage is to obtain a written opinion from a medical expert, 01254 872111 or emal leonie.millard@forbessolicitors.co.uk restores confidence and avoids the need to rely on local authority provision away from the local area, who will forbessolicitors. Offices in Accrington, Backbun, Central Lancashie, Chorley Leeds, Manchester and Preston www.forbessolicitors.co.uk PROMOTION Securing a future following medical negligence Suffering a serious injury can have a huge impact on the individual and their family. where resources are pressured and the future uncertain How do you prove a case? review your medical records and provide their opinion on both of these There are two main elements to a claim. elements of a claim 1. You have to establish that the standard of treatment provided has fallen below the standard expected of a reasonably competen doctor dealing with your particular condition. The only way to do this would be to obtain copies of your medical records and ask an expert How will the money be paid? Each case differs, but there is the What type of things can you claim for? That will depend on the nature and extent of the injury. There is potential option to consider a 'structured settlement' comprising of a lump sum to accommodate immediate needs and periodical payments for the rest of a client's life. Periodical payments can represent better provision where it is uncertain how long the injured person will live following the injury. The amount of the periodical payments are calculated in relation to future losses. That is because they represent an ongoing need of the Claimant for example for care. This provides reassurance to the Claimant and to claim for help with education earnings, accommodation, transport equipment, mobility, therapies and to comment on the standard of care and assistance with independent living. Compensation is tailored to the individual and assists with providing security and helping with those things that we take for granted, improving quality of life for the whole family. Compensation is designed to put treatment. In other words, if you were to ask a number of doctors practicing in the same area as the doctor you felt was negligent, what would they have done in your case, if most of them say they would have done the same thing, that would not be considered negligent. If some would and some wouldn't, that would still not be good enough to prove negligence. Most ofthem would have to agree the the person back in the position they would have been had the incident their loved ones that the money will not run out and their ongoing needs not occurred will be met. They are also favoured by Defendants as they remove the risk of overcompensation should the individual not survive to their How long will it take and do I have to wait until the end for compensation? How long a case takes to conclade depends on the individualcase, the opponent and what happened. We coordinate a team of medical treatment was below standard. 2.If you can establish the treatment was below standard, you then have to show that the poor treatment has caused you extra pain suffering. loss and damage over and above that which you may have experienced even if you had received the appropriate treatment predicted life expectancy. The money is received and used for the benefit of the intended recipient for as long as it is required, thus protecting the public specialists and barristers to work on purse your behalf, guiding you every step of the way. The opponent has two options; to accept liability and negotiate- compensation, or deny fault. In a strong case we would start the Court Ifthe client is an infant or a patient there will be the need for the Court to approve the amount to be accepted. The money is then often invested based on advice, and the money managed by a Deputy. This acts as an extra safeguard. I am able to act How do you investigate? Ifan act or omission by a hospital trust has been identified, there ought to be- a duty of candour notification' where process, the majority of cases settle before a trial there has been significant harm, or the potential to cause significant harm. The aim is to enable learning Calculation of a settlement will often as a Professional Deputy to extend continuity and familiarity even after the conclusion of the case, acting in rely on several experts to assess value In a strong case we can seek an interim payment to assist with immediate needs and allkw help while the true extent of the best interests of the individual. and to increase support. We take instructions from the dient and review the medical records to consider the merit in the case the damage is investigated. Adequate For further information and advice please compensation restores some normality to family life. The right compensation contact Leonie Milard The next stage is to obtain a written opinion from a medical expert, 01254 872111 or emal leonie.millard@forbessolicitors.co.uk restores confidence and avoids the need to rely on local authority provision away from the local area, who will forbessolicitors. Offices in Accrington, Backbun, Central Lancashie, Chorley Leeds, Manchester and Preston www.forbessolicitors.co.uk