Medical negligence claims and secondary victims
Medical negligence claims are not always for one's own injury. Where clinical negligence to another person, particularly where it has led to their death, has occurred, the person is known as a secondary victim.
This can occur, for example, where a child or partner has died as the result of a medical professional's failure to provide appropriate levels of care. There are carefully established rules covering the grounds on which an injured person may be considered a secondary victim:
- a claimant must be able to demonstrate a close tie of love and affection with the primary victim; and
- a claimant must have been present at the incident/event that caused direct injury to the primary victim, or have been present at its immediate aftermath; and
- any injury that is being claimed for must have been caused because the claimant directly perceived the incident. It is not considered sufficient to have heard about it from a third person.
It seems naturally right that someone whose life has been devastated by the effects of someone else's injury should be able to make an appropriate compensation claim. However, there is not always a clear decision in such cases; one claim at least has been denied on the basis that a victim's parents could not be compensated because their injury arose from a dawning consciousness that they were going to lose their son, not directly from the incident.
It is in sad cases like this that the skills of a personal injury solicitor will be most needed.
Finding a personal injury solicitor for a medical negligence claim
If you are in the unfortunate position of needing to make a compensation claim for medical negligence, whether as a primary or secondary victim, it is likely that you will need to find a personal injury solicitor who can balance the necessary sensitivity to your needs with the calm and dispassionate manner that the law requires. At YouClaim, we have a long history of finding the right legal representation for your needs.
All of our solicitors are drawn from firms under the umbrella of the Solicitors Regulation Authority, meaning that you can be sure of their skills and experience, and our advisors have a long record in finding the right one for your needs.
We have an excellent success record in such claims, and in successful cases we ensure that all damages are passed to you. We also present our winning fee to your opponent, protecting you from costs as far as is humanly possible.
It is simple to contact YouClaim's advisors; our website allows you to chat to us online, or leave a request for us to call at a time of your choosing. You can also use our free phone line, 0800 10 757 95. We will endeavour to carry your medical negligence claim to a satisfactory conclusion for you.
