Clinical/medical negligence claims

Medical and Legal Services - MLS - offers a range of services to support patients and lawyers involved in medical litigation and mediation to resolve clinical negligence claims.

John Scurr, medical expert in clinical negligence claims sitting facing forward portrait. Lead expert at Medical and Legal Services

John H Scurr, FRCS

With over 200 experts and more than 40 years experience with clinical negligence (medical negligence) claims, MLS provides information, advice and support for patients, for defendants and for solicitors. Medico-Legal Chambers, established by John Scurr in 1984, brought together a large number of experts covering nearly all areas of medicine who worked independently to provide medical reports and advice to solicitors. The concept grew into a multi-national organisation providing medical reports assessing the merits of claims.

This website provides information to all parties, be they claimant, defendant, or other interested parties. The easy to navigate website provides information on how to proceed with a medical litigation claim, how to fund that claim and alternatives to dispute resolution.

History Of Medical Negligence

Originally referred to as medical negligence, claims were relatively unusual and those claims that were lodged were vigorously defended. Experts worked primarily for the defendant with very few doctors willing to assist patients. Many changes occurred throughout the 1980s and 1990s with the recognition that clinical negligence was much more common than originally appreciated. Organisations designed to protect and assist patients began to appear. Experts became more organised, with the appreciation that they were assisting the court rather than particularly aligned to individual parties, all combined with the change in court procedures.

These changes all paved the way for alterations in the way that patients could proceed with claims against both doctors and hospitals.

Funding these cases became progressively more difficult. Legal aid was only available for a limited number of cases. Funding the cases by solicitors became increasingly difficult. As banks withdrew support, hospitals and defendants were supported by indemnity insurance that patients had to rely on; either funding the case themselves using before the event insurance – often offered as part of household insurance protection, or by after the event insurance – a rapidly growing area to fund medical legal cases.

Whilst legal aid is still available it is extremely limited. Household insurance policies are often restricted and rarely exceed £50,000 of cover. After the event insurance is unlimited once obtained. A small group of people self-fund their cases.

Why Have More People Taken To Suing Doctors And Hospitals For Medical Care?

A greater awareness that medical care is not always perfect. A realisation that with average medical care, over half the patients are receiving below average care.

Even when things went wrong, patients were reluctant to sue a general practitioner who may have looked after the family for generations, reluctant to sue a doctor who had tried to provide excellent care. But all this changed when patients no longer had designated general practitioners and often could not identify with particular doctors within the hospital system. Poor communication and a lack of understanding was often the principal driver leading a patient who was unable to obtain information to seek legal advice.

Pro Bono Medical Advice

MLS will provide an opinion free of charge.

To obtain this advice, please submit a request on a single sheet of A4 paper and typed. The request must outline your case, why you think you have been subject to negligent treatment and who the potential defendants are. Information about investigations or lack of investigations, delays and why you consider the treatment you received was unacceptable.

You may also fill out this form on the Resolve page:

Click here

You will receive free advice which may involve referral to a solicitor who can take further information and advise potential costs. In some instances we may be able to provide you with a logical explanation which satisfies your concerns.

Medical Reports

Medical reports are provided at the request of a solicitor and can be either for claimant or defendant. The medical reports are independent. They are provided for the courts. They will provide a full analysis of the medical records, statements, and any other relevant documentation. An opinion will be provided by an appropriate expert. Reports are initially prepared looking at breach of duty, (liability) and causation. When a positive report is obtained, it may be necessary to obtain a report on the patient’s current condition and prognosis to assess quantum, which will go towards assessing damages.

Who are the Experts?

Experts are often senior members of the medical profession, all with considerable experience in their own field, and who have usually received additional training to allow them to provide opinions, medical reports and assist solicitors both in conference and in court. Many experts have joined the panel because of personal recommendation, significant achievements both clinically and in terms of research, and who have demonstrated a full understanding of the whole process. In many cases, a settlement will be achieved before going to court. Many experts have had little experience in going to court. They are more likely to be called before the coroner. This provides useful experience, particularly when presenting evidence to highly qualified barristers. We have recommended courses and provide in-house training for experts.

Mediation Services

Not all cases need to go to court. Mediation provides an alternative way of settling a dispute. There is still reluctance to go to mediation, but when it occurs, it can be highly successful. It is considerably cheaper and far less stressful than attending court. John Scurr trained with Paul Randolph, a very successful barrister, who appreciated the benefits of mediation. A number of highly qualified mediators are now available to assist in resolving disputes.

Research

With thousands of cases, it has been possible to ask a number of questions. Those questions include: Why do people sue? Why are some claims successful and others not? By analysing cases, we can determine which procedures provide considerable risk and what steps can be taken to avoid them. Consent remains a difficult area despite recent clarification. In leading lectures experts remain available, provide medical updates to lawyers and interested parties. We welcome approaches requesting lectures and are in a position to provide experienced speakers.