How we fight your corner in medical cases

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Scomo

Friday, 11 May 2018

Scott-Moncrieff has some of the best clinical negligence solicitors in the country, but winning a medical case is not simply a question of being a good solicitor.; No matter how good we are, we must use all the weapons at our disposal to get the right result for you.

Here, in our third and final essay on the subject, we explain the efforts Scott-Moncrieff’s clinical negligence team goes to while ensuring your case has the best chance of winning.

Experts

After hearing your evidence we may think that you have a good strong case.; However, once in court, our opinion on the medical side of things cuts no ice as we cannot give medical evidence.; So we bring in medical experts with knowledge of the exact area of medicine in dispute.

Either side in the case can appoint an expert and they must give impartial evidence.; His or her duty is primarily to the court, not to the person who is paying them.

Choosing an expert is often quite a difficult process.; Ideally you want someone who has appeared in court before but has not been criticised for giving inappropriate evidence; someone who is sympathetic, but not swayed by the inevitable emotion that many cases generate.;

Experts are also often required to assess the consequences of your injury and to prepare a ‘condition and prognosis’ report.; In serious cases we might involve many experts.

If, for instance, you have been paralysed because of nerve injury caused during treatment you might require a specially-built house, 24-hour care, specialist aids and appliances and someone to act as a case manager.

The list of experts involved might therefore include an architect, an occupational therapist, a psychologist, a rehabilitation expert and perhaps even a dietician.

Barristers

In very complicated cases we seek specialist legal advice from barristers. Barristers are lawyers too, but with a slightly different function from solicitors.; The relationship between solicitors and barristers is a little like that between GPs and medical consultants.

The solicitors do the background work and preparation of cases, including a considerable amount of the investigation.; Barristers apply specialist knowledge to matters such as calculating the details of losses in a case, or arguing about specific points of law.

Conclusion

Running a case is a little like conducting an orchestra.; There are many players undertaking different roles and the solicitors bring everything together so the case progresses smoothly towards the goal: payment of compensation for an injury wrongly caused to you.

At Scott-Moncrieff we encourage you to be part of the team. You, our client, are the boss and the key player.