Exploring Clinical Negligence: A Personal Case Study

Re: Clinical Negligence Claim

Following our initial meeting we would be pleased to advise you on your clinical negligence claims. From the particulars taken from such meeting we understand that the initial leg injury occurred while you were on tour with your football team in Oxfordshire during a football game. As a result of your injury you were admitted to the Royal Oak hospital for surgery which was subsequently performed negligently, thus affecting your mobility. You expressed that you also wish us to conduct a case against the Community Health team of Swansea NHS Trust for failing to keep physiotherapy appointments of which you should be having three times a week, and on one occasion going without for almost twenty one and a half weeks;

The practitioners conduct is to be judged against the state of professional knowledge at the time of the matter concerned. The acceptable standard of care is assessed by the general practice of doctors in England and Wales and is usually defined by what would be a reasonable standard of care. However there are sometimes difficulties when assessing this as there are sometimes differences of opinions on the matter. This is known as the ‘Bolam test’. An action will not amount to negligence unless it is carried out without ordinary care.

Considering the facts of your case I believe it would be found that the surgeon acted without reasonable care and not in line with proper practice accepted in his profession, providing the surgeon had not mentioned that mobility could be adversely affected before the surgery took place. The breach of duty test will then be satisfied.

Regarding the claim against the physiotherapist, it must be established that the actions of the Community Health team’s actions fell below the Health and Care Professions Council Standards of Conduct Performance and Ethics that governs physiotherapists. Referencing the failure to keep appointments and the Consultant’s statement I believe that the breach of duty test would be

This means that we must provide the evidence that shows that on the balance of probabilities, that the medical professional in question did in fact breach his duty of care to you.

Limitations
The time limit for bringing a clinical negligence claim is three years. The time runs from the date of the negligence or from the date that you had knowledge of the factors that make up the claim.

Funding
Legal Aid is no longer available for clinical negligence claims of this type, following the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
The usual mechanisms for funding a clinical negligence claim are:
a) Private Funds
b) Legal Expense Insurance- some insurance policies cover personal injury claims.
c) Conditional Fee Agreements- some solicitors make take on your case on a ‘no win no fee’ basis. If the case is not successful you would not have to pay the other side’s solicitors fees. However this is only available in straight forward cases, so it is unlikely this would be a viable option for you.

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