a Medical negligence and admitting mistakes

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Medical negligence, youclaim.co.uk

Medical negligence and settlement without liability

It is not always necessary, in order to secure a client compensation, for a solicitor who specialises in cases of hospital-acquired injury and illness to prove medical negligence.

In fact, a significant proportion of cases reach settlement without the hospital or health professional concerned ever actually making an admission of medical negligence.

Such cases tend to be settled out of court. Typically, it will be in the interests of both parties that the case is settled this way, not least because it expedites the process, lowering both legal costs and the stresses of protracted litigation.

However, there are disadvantages to settling in such a way. Receiving settlement without an admission of liability may do little to assuage a claimant's thirst for justice. Frequently, making a claim for compensation is less about the desire to secure money than it is about ensuring that those the claimant believes responsible for a breach of duty are brought to justice.

Another aspect of an admission of liability is that it necessitates an apology. Without an admission of liability, a claimant may receive a "statement of regret", but, for many, this will not go far enough.

Naturally, settlement without admission of liability has several advantages to the defendant. Not only does it, as stated earlier, have the effect of lowering legal costs, but it will also help eliminate the possibility of a "worst case scenario" where a defendant is found liable for the maximum amount of damages possible: 100 percent compensation.

However, these cases also have disadvantages for defendants. For example, cases that receive settlement without admission of liability are often finely-poised, meaning that any NHS trust involved must make a carefully considered decision about whether it might be better to fight the case through the court system.

Claim compensation for medical negligence
YouClaim's medical negligence litigation work includes cases of misdiagnosis, delayed diagnosis, and obstetric and birth injury.

We pride ourselves on our professional, client-first service - from the moment you contact us through to the moment your case is concluded.

Our clinical negligence solicitors all work under the strict governance of the Solicitors Regulation Authority and also possess membership of the Clinical Negligence Accreditation Scheme.

We always seek to maximise the amount of damages awarded our clients and always strive to ensure that you are advised as to the best course of action whether it is an out-of-court settlement without admission of liability or a full apology, admission of negligence and 100% compensation settlement.

To find out more about how we can help you, echat, complete an online claim form or call us, on 0800 10 757 95.

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