The Penningtons Manches clinical negligence team is regularly asked to take on cases which are either being handled or have been rejected by other law firms. While we cannot assist in some cases – either because of prospects of the case or because we feel that it is not in the client’s interests to transfer their case - we do take on some of these cases. Below are a selection of recent examples where we have not only been able to progress a claims but also to recover damages for the client:
Philippa Luscombe, partner in the clinical negligence team comments: “Our team has always had a reputation for being prepared to take on difficult but valid claims and for not giving up easily. Clinical negligence claims are subject to rigorous tests in order to succeed and many people with concerns about their medical care do not have grounds for a claim. But many people have cases turned away without proper assessment or have cases taken on but discontinued as soon as the case is contested.
“The recent funding changes play a significant part in this – particularly for those firms who are trying to attract clinical negligence work by not charging their clients. Those firms can only take on very strong cases and quickly drop or settle cases that are difficult. With all of the examples above, if the clients had not come to us, they would have ended up with no claim and no recovery of damages for treatment costs, reduced earning capacity etc.
“We can assist these clients because our teams have sub specialist knowledge such as in Cauda Equina cases and cases involving management of appendicitis. We can make an assessment of these cases and decide if they have merit and should be taken on. We are always happy to talk to people who are not happy with the advice given on their existing claim or whose claims have been rejected. If we can see a basis for a case we will help where we can. For those suffering serious injuries, a second opinion is always worth considering given the potential outcome.”