Medical negligence claims in Jersey – a brief overview
Medical Negligence | Personal Injury Services
What is medical negligence?
Medical negligence occurs when doctors or other health professionals cause illness or injury by doing something wrong. There may have been a breach of their duty of care – or a violation of human rights.
Example cases include:-
- Incorrect diagnosis
- Incorrect treatment
- Vital symptoms ignored
- Delay in diagnosis or treatment
Duty of care
Medical professionals owe their patients what is known as a duty of care. As a patient, you are entitled to expect a reasonable standard and if this is not met, you may be able to claim compensation, if it can be proved that your doctor or other health professionals have committed a breach of their duty of care.
Faulty equipment
You may also be able to claim compensation when a medical product, such as a drug or equipment, is faulty or fails.
When can I make a claim?
In general terms, medical negligence claims usually need to be made within 3 years of the event.
Exceptions
Time limits do not start for children until they reach the age of eighteen. However, the sooner you contact us the better we are able to collate the evidence and prepare the claim.
Do I have a case?
If you are unsure whether you have a claim, you or a family member just need to pick up the phone to us and talk it over with one of our team members.
What are my chances of succeeding with my claim?
When you contact us we will give you realistic advice on the chances of winning, based on the information you provide. The more information you can give us at the outset, the more accurate the assessment we can make. However, it is not possible to give a definitive answer on any case.
Once your witness statement, medical records and/or hospital background documents have been collated, they will be referred to appropriate medical experts. These experts will review your details and give their opinion on the standard of care that you received. It may be after receiving all of the available information that chances of success are reassessed.
If, based on the available evidence, you do have a case, your Advocate will start Royal Court proceedings. However, we will not do this without first discussing it with you and advising you of the pro and cons of the process.
How much will it cost?
Contacting us for initial advice on your claim will cost you nothing; we offer a free 20 minute consultation.
If we advise you to pursue a claim with us, we will review all the options for funding it and make sure you are fully informed before we proceed on your behalf.
How much compensation will I get?
The amount of compensation you receive will depend on a number of factors. These include, but not limited to:-
- the seriousness of your injury
- how it has affected your life
- how much money you have lost, or will lose, as a consequence
- whether you will need extra support in the future
Insurance
As soon as we have all the details of your case, and we assess that you have a reasonable chance of success, a claim will be made against the relevant person, doctor’s surgery or the hospital, who are likely to have insurance.
Royal Court / Settlement
Once we have a response from the insurance company you are claiming against, we can advise you on the way forward.
The vast majority of cases are settled before they go to the Royal Court. However, if your case if one of the few that is to be decided by the Royal Court, we will be there to assist you every step of the way.
For further information please do not hesitate to call 630530 or email us on pi@parslowsjersey.com
