professional-medical-dental-negligence lawyer solicitorMedical Negligence (including dental)

Negligence claims against health professionals, clinics include many consultants, nurses, GP’s, dentists and physiotherapists who have not provided the appropriate level of care in diagnosing and / or treating their patients.

The successful Claimant has to show to the Court in Hertford that a duty of care was owed, the care provided fell below the standard the Claimant could reasonably expect to have received and that as a consequence the Claimant suffered personal injury.

In some cases, although the health professional may have been negligent it could be that there was a high chance of the outcome being the same (causation).

It is therefore very important to obtain a MedicoLegal Report from a Consultant acting as an expert at an early stage to determine issues of liability and causation.

Although this expert will be acting for the Claimant, he / she will have an overriding duty to the Court. Once a report is obtained the solicitor can advise on the likelihood of success in bringing a claim. In some circumstances, a further report may be required from other experts with different fields of expertise.

Solicitor’s Negligence

Just as with other professionals, Solicitor’s negligence can arise in a variety of ways and common occurrences are within conveyancing transactions where the solicitor has failed to report to a client who is purchasing a property on a significant aspect(s) relating to the title of the property.

This can lead to inadequate rights of way to a property, absence of planning consent / building control, failure to report on restrictive covenants relating to use of property or on a prohibition against subletting in a right to buy purchase, or failing to verify that NHBC or similar guarantee was provided in a new build purchase are some examples and if you feel that you have a potential claim against a solicitor it is advisable to seek advice at an early stage.

In some circumstances, the matter may be resolved by the solicitors’ internal complaints procedure.

Surveyors Negligence

As with Negligence lawyers, Surveyors negligence often arises within the context of a property transaction and may involve failure by the Surveyor to:

  • Report on major structural defects to a prospective purchaser
  • Ascertain the presence of Japanese Knotweed which is reasonably identifiable from a site inspection
  • Undervaluation / Overvaluation of property.
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