How Step Legal Secured Justice in a Challenging Clinical Negligence Case
At Step Legal Limited, we are dedicated to guiding clients through even the most complex legal challenges. In this detailed account, we share how our Associate Solicitor and Head of Medical Negligence, Dominic Jones, successfully navigated a demanding clinical negligence claim, overcoming significant obstacles to secure a fair settlement of a little under £10,000 for our client.
Initial Assessment: Building a Strong Foundation
Every successful claim begins with a meticulous assessment. Dominic undertook a comprehensive review of all medical records and the circumstances surrounding the alleged negligence. This included:
- Analysing the sequence of medical procedures and their outcomes.
- Identifying where clinical advice may have fallen short of professional standards.
- Consulting with a leading medical expert to evaluate the prospects of success.
The expert’s feedback was clear: there were strong grounds for a claim, with a high chance of success. This early expert support was crucial in justifying further action and investment in the case.
Funding and Insurance Hurdles
Clinical negligence claims can be financially daunting due to the high cost of expert reports and potential exposure to adverse costs. Dominic ensured that no financial risk would fall on the client by:
- Applying for After the Event (ATE) legal expenses insurance on behalf of the Claimant only after confirming the case’s merit through expert review.
- Explaining to the client that if the case did not succeed, insurance would cover all third-party payments (such as expert fees), while if successful, the premium would be deducted from compensation.
- Securing two layers of insurance: one for expert reports at the investigation stage and another for disbursements and potential adverse costs during litigation.
This careful approach meant that the client could proceed with confidence, knowing they were protected from financial loss.
Gathering Evidence: Expert Reports and Barrister Support
Dominic coordinated with medical experts to obtain detailed reports on breach of duty and causation essential elements in any clinical negligence claim. He also sought advice from counsel (a barrister), who confirmed that key evidence (including an audio recording) would be admissible and supported claims of negligent misstatement and advice.
This multi-disciplinary approach ensured that every aspect of the case was robustly supported by independent professional opinion.
Quantifying Losses: General and Special Damages
A critical part of any claim is accurately quantifying losses. In this case:
- General damages were claimed for prolonged suffering, unnecessary procedures, and traumatic recovery.
- Special damages included private sector costs for unnecessary scans and procedures expenses that would not have been incurred with proper advice.
Dominic’s attention to detail ensured that all losses were fully documented and justified.
Negotiation: Strategic Advice and Client Empowerment
When the defendant made an initial offer, Dominic provided clear advice:
- He recommended making a higher counter-offer, but advised accepting the initial amount if no increase was forthcoming.
- The client was fully informed about potential outcomes and deductions (such as insurance premiums), empowering them to make an informed decision.
- All instructions were confirmed in writing, ensuring transparency throughout.
This strategic approach balanced assertive negotiation with realistic expectations—maximising compensation while avoiding unnecessary risk.
Settlement: Delivering Results
Ultimately, the defendant did not increase their offer. Following Dominic’s advice, the client accepted the settlement. After deductions for legal expenses insurance and other costs (all clearly explained in advance), the client received their net compensation promptly and was very happy with the outcome.
They had finally got the accountability and compensation they deserved.
Lessons Learned: The Value of Specialist Representation
This case highlights several key lessons:
- Thorough Preparation: Early expert input is vital in clinical negligence claims.
- Risk Management: Securing appropriate insurance protects clients from financial exposure.
- Clear Communication: Clients must be kept fully informed at every stage.
- Strategic Negotiation: Realistic advice ensures fair outcomes without unnecessary delay.
Why Choose Step Legal Limited?
At Step Legal Limited, we combine technical expertise with genuine care for our clients’ wellbeing. Our team:
- Conducts rigorous risk assessments before pursuing any claim.
- Secures robust funding arrangements to protect clients from risk.
- Works with leading experts and barristers to build compelling cases.
- Provides clear, honest advice at every stage.
If you believe you have suffered as a result of medical negligence, contact us today for a confidential discussion. We are here to help you achieve justice no matter how complex your case may be.
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213 Nantwich Road
Crewe, Cheshire, CW2 6DA (Head Office)
Tel: 01270 254064
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