The Clinical Negligence Team at Imran Khan and Partners has many years of experience of helping victims of medical accidents.
We believe that the best way to achieve a successful outcome in clinical negligence claims is to offer technical expertise of the highest kind and to listen carefully and with compassion to those who seek our help.
We are proud of our work acting for bereaved families at inquests, including in matters relating to the death of persons detained under the Mental Health Act and more generally where we have achieved satisfactory outcomes for the bereaved.
To prove a claim for clinical negligence/medical negligence the following is required:-
- An independent medical expert must support the claim that there has been a breach of duty, i.e. that the standard of care provided by the health practitioner has fallen below a reasonable standard.
- Alternatively, a court could reject a defence of reasonable care on the basis that it has no logical foundation.
- Finally, an independent medical expert must also support the view that the breach of duty of care is the cause of the damage alleged. This is legally referred to as ‘causation’.Without all these elements, a clinical negligence claim cannot succeed.
Usually a clinical negligence claim must be brought within three years of the date the claimant knows (or ought to have known) that s/he may have been injured because of clinical negligence. For a child, the three-year time limit does not begin until the child is 18. For an incapacitated person, the time will only start to run if/when legal capacity is regained. From a practical point of view, the sooner a claim is investigated the better as evidence fades with time.
We recognise that legal costs are often a source of concern for the general public. Few people have the ability to pay privately. We can consider a number of funding alternatives including Conditional Fee Agreements (“No Win, No Fee”) and Before the Event insurance.
Clinical negligence cases can be difficult and may take several years to conclude depending on their complexity. We aim to alleviate the burden of litigation and allow you to continue with your life as much as possible.
Our clinical negligence department is committed to raising standards and promoting patient safety and justice. We represent bereaved families at inquests and pursue claims under the Human Rights Act where possible. We aim to ensure that the actions and omissions of health care providers are scrutinised and challenged through a variety of means.