Joanne Warren, a solicitor in the West Midlands, acts for people who have been injured as a result of medical negligence. Following government cuts to disability benefits, she has noticed an increase in the number of people seeking to claim compensation because they are struggling to afford basic aids and equipment which would help them function in their everyday lives.
“I’m noticing more and more that people are finding life is expensive, especially if they have a disability,” Joanne says. “They may be unable to work and living on benefits; they know there are better treatments or equipment out there but have no prospect of accessing them. If someone believes that their disability has been caused or worsened as a result of medical negligence, then it’s not surprising that they wish to investigate whether they have a potential claim.” The money that comes from a successful claim can make a huge difference, making up for loss of earnings and helping to pay for equipment.
However, Joanne advises that it is important to understand that medical negligence cases are not easy or quick. Put simply, you must be able to prove two things:
- ‘Breach of duty’, which means you must be able to prove that the practitioner or organisation acted in a way they shouldn’t have. The standard to be applied is not the “gold standard”, but that of an ordinary and competent doctor acting responsibly;
- ‘Causation’ – being able to prove that the damage or injury was caused by the ‘breach of duty’.
As such cases can be complex, it’s important to instruct a firm with demonstrable experience in bringing clinical negligence cases. Look for a firm, like Wadsworths, who have been accredited by the Law Society as having the necessary expertise.
For free initial advice, contact Joanne Warren via:
www.wadsworthslaw.co.uk; 0121 745 8550; or @JoanneLWarren
