Clinical negligence claims in Scotland

It can feel incredibly distressing if your medical treatment has not gone as expected or mistakes have been made. Clinical negligence can cause unnecessary illness or injury but in some truly unfortunate circumstances people can sadly lose their lives.

Any injury caused by negligent treatment can feel overwhelming but we want you to know that you don’t have to go through this alone.

A civil action against the NHS or other healthcare providers (such as GPs or dental surgeries) is not just about seeking compensation – it can help victims get the answers and recognition they deserve; it ensures those responsible are held accountable for their failings; and it helps improve medical standards to prevent other people experiencing the same trauma.

Legal claim for clinical negligence

Clinical negligence claims are different from personal injury cases and can be more complicated. It can seem daunting and you may feel like you have no idea where to start. This is why we have specialist solicitors who have decades of experience to help. Gathering the right evidence means asking the right questions and following the right processes which can feel complicated and overwhelming - this is why having the right people on your side matters.

In most cases it is helpful for you to seek an explanation and answers through the NHS complaints procedure. This can help to clarify important aspects of your care and enables us to advise you more fully.

The more information you provide the easier it is for us to advise you. If you would rather speak to someone directly about your circumstances then please get in touch with us.

Making an NHS complaint

Often clients contact us because they want an explanation for what has happened to them and answers to questions that they have. Every NHS board has a complaints procedure and this can usually be found on the health board’s own website.

You can find out more by making a complaint about the healthcare in Scotland on NHS Inform. To make a complaint, you will need to contact the complaints department at your local NHS board using the NHS Complaints Handling Procedure. The NHS is obliged to acknowledge receipt of your complaint and to investigate it in a timely manner.

Complaints about NHS services must be either:

• Within 6 months of the date on which the matter which is the subject of the complaint occurred, or
• Within 6 months of the date on which the matter came to the notice of the complainant.
• But normally no later than 12 months from the event.
• Complaints received after this period may be investigated if the Chief Executive accepts that it would have been unreasonable for the complainant to make it earlier and where it is still possible to investigate the facts.

For a medical negligence case to succeed it is necessary to prove that the treatment that was provided fell below the appropriate standard of care. That standard is judged by the standard of other professionals practising in the same field. It is therefore necessary in every case to obtain an opinion from one or more independent medical experts.

It is also essential to prove that the unacceptable treatment caused or contributed to an adverse outcome. This is known as causation. This aspect of the claim can sometimes be very complicated and needs to be investigated by independent experts.

Types of clinical negligence claims

Whether you or a loved one has experienced inadequate care, the impact can be life-altering. We specialise in a variety of clinical negligence cases, such as:

• Misdiagnosis - when a condition is missed or wrongly diagnosed, causing unnecessary suffering or delayed treatment.
• Cerebral palsy – Avoidable complications during childbirth due to negligence from medical professionals that result in a cerebral palsy diagnosis.
• Birth injuries – Any harm to the mother or baby during birth, including issues like delayed diagnosis of pre-eclampsia, bladder injuries and Erb’s palsy.
• Surgical error – Mistakes made during surgery or inadequate post-operative care, that result in harm to the patient.
• Hospital treatment – When treatment in a hospital setting results in the worsening of a condition or, in severe cases, death.

No matter the type of negligence, we are here to listen to your concerns.

Legal help from specialist solicitors

Medical negligence cases are amongst the most complex cases you will find. It is important to speak to a solicitor that you know is fully equipped for the task. That means speaking with a specialist solicitor with a proven track record.

At Digby Brown Ruth Kelliher heads an experienced team of five based across the Edinburgh and Glasgow offices. Ruth is accredited by the Law Society as a specialist clinical negligence lawyer and is recognised as a specialist in her field by Chambers & Partners.

Chambers & Partners and The Legal 500 Guide review law firms in Scotland and can confirm whether the firm you wish to use is a specialist. The Law Society holds a register of solicitors accredited in this field. You can access these publications for free on the internet.

The firm are members of Action Against Medical Action (AvMA) with most of the team also being recognised as specialists by the Law Society of Scotland alongside Ruth.

Here to help

In certain circumstances we understand that speaking about what happened can be very difficult, especially when your enquiry relates to complicated and sensitive issues.

If you would like to talk to someone about your experience, or need expert advice on a possible claim, our team can help.

Please complete a simple clinical negligence form and give as much detail as you can. This will help in our ability to fully understand your circumstances and best decide on the next steps to be taken. This advice is, of course, free of charge.