Medical Negligence - Do I Need A Specialist?

When a medical procedure or treatment goes wrong, the results can be physically, financially and emotionally destructive. Many people will consider whether to sue the medical practitioner or institution that performed the treatment. At this point, and possibly just when they feel least able to, patients are faced with another decision; how do I select a lawyer?

There is no shortage of legal professionals in the UK: small high street law firms, enormous multinational partnerships, general claims handlers, and directly instructed barristers are just some of the options available. How to choose between them all?

Two factors should help you decide - expertise and trust.

If a treatment or procedure has gone wrong in some way, it is possible that the medical practitioner concerned has performed their job negligently. This means that because of the way in which the treatment was carried out, the patient's care did not meet the standard generally expected. Medical negligence is just one of many types of negligence, and all types of negligence are similar. Courts apply certain tests that are common to all of them. Medical negligence, however, is different in a number of ways.

First, medical practitioners are professionals, and courts apply tougher tests in cases concerning professional negligence. Second, medical practice is a highly specialised profession. Doctors work within a particular specialist field, acquiring and applying knowledge honed over decades. These two factors mean that when deciding what kind of lawyer to instruct, patients should ask themselves; "Does my lawyer have experience in cases of professional negligence, and do they understand this particular area of medical practice?"

Remember, doctors and other medical practitioners will probably be covered by professional indemnity insurance, and the institution they work for will be similarly insured, so the amounts that they will be able to spend on lawyers will be significant. It is also highly likely that their own lawyers will have detailed understanding and experience of their area of medicine. Such lawyers may even have been doctors themselves once. Patients should ask themselves, "Would a doctor use this lawyer to defend themselves?" If the answer is yes, it's likely you've found the right lawyer.

Finally, one last thing is vitally important when instructing someone in cases of this type. Trust. When medical treatment fails to come up to the expected standards it can be an emotionally draining and traumatic experience. Though it's incredibly useful to have someone on your side with specialist knowledge, it's also vital that you trust that they understand how the negligence has affected your life.

Look for someone who inspires your trust and who has specialist knowledge, and you will improve your chances of obtaining a favourable outcome.

For more information on medical negligence

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Why You Might Need Specialist Probate Solicitors

It should first be acknowledged that seeking legal advice is not a lawful responsibility when dealing with probate.

There is nothing to stop a member of the public who has no legal training or experience from applying for Grant of Probate or Grant of Letters of Administration. Indeed, the experience has been that most non-legal people have dealt with these matters satisfactorily.

However, there are times when really good probate legal advice is needed. Then it is time to arrange a meeting with specialist probate solicitors.

The reasons for seeking such advice are numerous. For instance, the executors may not have the necessary time to perform their duties. Or they may not want to perform the duties of executor - the duties of an executor come along with significant responsibilities, and getting something wrong could lead you open to being sued by a beneficiary. Tax must be paid. Debts must be paid and assets collected in promptly. Things come even more complicated if overseas properties are involved, which is becoming increasingly common. The terms of the will could be in dispute - such instances are more common than you might think - or they could be legal other issues involved.

Other reasons why the legal advice might be needed could be that the executor does not feel capable or have the confidence to fill in the necessary forms. Some people do find form-filling daunting. The estate may be subject to inheritance tax, or alternatively it could be bankrupt.

Whether it is because of the value of the estate, the bureaucracy or the willingness of the executors to perform the task, there are many reasons why the services of a probate solicitor might be engaged.

There are several reasons why it is of advantageous for the executors to hire probate solicitors to administer the estate. The executors have numerous responsibilities - must visit the probate registry and swear an oath. They must also complete form the application form - PA1. This is a very complex form and the prospect of filling it in is both time consuming and daunting. However, if a probate solicitor is engaged there is no need for a trip to the probate register or completing form PA1. So by seeking probate legal advice and hiring a solicitor the executors will be saving themselves a lot of time and effort.

By using specialist probate solicitors you will be reassured that the matter is being dealt with proper and in a professional manner. The solicitor will have a professional knowledge of probate. Anyone dealing with probate themselves, which they have every right to do, will at best find it time consuming, and at worst beset with problems. Probate legal advice will relieve him or her of those worries.

Bonallack & Bishop are solicitors providing probate legal advice. If you need advice then contact one of their UK Probate Solicitors today. Senior Partner Tim Bishop is responsible for all major strategic decisions.

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