Understanding common myths of medical negligence claims
Rob Rinder met with three of our senior clinical negligence solicitors to discuss their passion for what they, why they do it and what motivates them to succeed on behalf of their clients.
Christian Beadell, Partner and Head of Medical Negligence, Rebecca Kelly, Associate and Solicitor, and Trevor Ward, Partner and Birth Injury Unit Team Leader, discuss why we do what we do, the purpose of the job in hand, and what they find to be the most important factors for clients making a claim.
The wealth of experience Christian, Rebecca and Trevor have gained over the years means they have a detailed understanding of what motivates our clients to bring a claim forward.
The simple answer is they often want answers to these three questions:
- How what happened to them, happened
- How it could have been allowed to happen, given their routine treatment may have been carried out numerous times without failure
- How what has happened to them, will be prevented from happening again in the future
3 most common myths surrounding medical
negligence claims
"They're Just
ambulance
Chasers"
Probably the most common myth bandied around in relation to medical negligence lawyers is the term: “ambulance chaser”. The derogatory term suggests that the lawyer involved is dishonest or immoral (or both); whilst also suggesting that a person who has suffered genuine medical negligence cannot bring a claim without their reputation being tarnished.
Our experts, like Christian, have spent much of their careers trying to dispel that myth. Ultimately, we are professionals with a great deal of respect for our healthcare system, and we have a passion for the effective and wonderful institution that it is. We are lucky in this country to have the lifeline of a national health service, but that does not mean that negligent treatment and clinicians should not be held accountable - particularly when that negligence has damaged the lives of patients; sometimes irreparably.
We are not here to “destroy” the NHS at all, we are here to help those individuals who have had problems as a result of the treatment they have had, whether that is part of the NHS, within private healthcare or through a fault with equipment from a multinational organisation. We aim to bring such claims to a resolution which enables our clients to move on with their lives.
"They're only
in it for
the money"
In our extensive experience, we have worked with clients who have suffered varying scales of medical negligence; from falls in hospital to amputation; inadequate treatment to incorrect use of chemotherapy.
These varying circumstances our clients face can be life-changing. Families suffer, as do people's mental health. When our clients survive the negligence, they and their families sometimes grieve the loss of the life that they thought they were going to have. Our passion in these cases, is to right the wrongs that have been made, and to empower our clients to move forward.
Complex medical negligence cases can take many years to complete, so it is not surprising that we have been known to form genuine friendships with our clients. Over the years, we have seen first-hand the extreme highs and lows they can experience during the lifetime of a case. Often, we are a shoulder to cry on for our clients and can sometimes be the only person our clients feel able to confide in - especially when their families are also going through their own processes.
When a claim is successful, there is a sense of genuine privilege and pride; knowing the good it can do for our clients and their lives in the long-term. Whether that good is enabling our clients to retrain for their career, or move to a new home which is adapted to their needs.
Ultimately, we do what we do because of the genuine good that can follow; to ensure that lessons are learnt and steps are taken so they don't happen again. As Trevor suggests, money is never part of the conversation with a client. Instead the conversation is often around “trying to find out what went on, and making sure it doesn't happen again”.
"They're just
out to get
doctors"
We understand the difficulty of a doctor's job, as well as the immense pressure they are under. And it is important to remember that the majority of medical treatments that take place each day are successful.
However - not everybody is so fortunate. When things do go wrong, it is important to investigate the incident to assess if there was negligence; whether that be a system failure or a piece of faulty equipment. And that is where we step in.
Our experts, like Rebecca, take the time to understand what their clients want from bringing a claim, and help to manage expectations at the outset. Many of our clients simply want to discover why, when these procedures are carried out every day, it went wrong for them. They want to understand why they are in the situation that they are in, and are looking for help to move on. It can be an upsetting process, but one that we are trained to manage on behalf of those who need our support.
But often the driving force behind a client bringing a claim forward, is the desire to ensure that the mistakes that have taken place, don't happen again. Identifying issues, and putting a halt to them when they arise, is important. Ultimately, it creates a safer healthcare system for us all.
Our senior clinical negligence team
Christian Beadwell
Partner and Head of Medical Negligence
As one of the leading medical negligence solicitors in the North West, Trevor has considerable experience and medical negligence specialism in dealing with cases involving birth trauma, orthopaedic, ophthalmic, general surgery and diabetic related claims.
Rebecca Kelly
Associate and Solicitor
As one of the leading medical negligence solicitors in the North West, Trevor has considerable experience and medical negligence specialism in dealing with cases involving birth trauma, orthopaedic, ophthalmic, general surgery and diabetic related claims.
Trevor Ward
Team Leader
As one of the leading medical negligence solicitors in the North West, Trevor has considerable experience and medical negligence specialism in dealing with cases involving birth trauma, orthopaedic, ophthalmic, general surgery and diabetic related claims.