People looking for legal help after poor medical treatment often search for ‘attorneys for medical negligence’, having come across the term online or in American television and news coverage. It is a reasonable place to start, but the word ‘attorney’ is not used to describe a medical negligence lawyer here in England.
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What Is The English Equivalent Of Attorneys Medical Negligence?
Searches for phrases such as ‘attorneys medical negligence’ are common, and they almost always come from people who want a legal professional to take on a claim about substandard healthcare. The term itself is American. In the United States, attorney is the ordinary word for a qualified lawyer who advises clients and represents them in court.
England and Wales use different terminology. Several types of professionals may be involved in your medical negligence claim. A solicitor is qualified and regulated to advise and to conduct litigation, and will usually have day to day conduct of your claim. Solicitors advise clients, gather evidence, correspond with the other side, negotiate settlements, and conduct litigation. If you have been searching for an attorney to handle a claim, a solicitor who specialises in medical negligence is likely the person you are looking for.
A barrister is generally instructed by your solicitor rather than by you directly. They provide specialist advice on difficult points of law and represent you at hearings. In complex, high-value claims, a barrister is often involved well before any hearing, advising on the strength of the case and on the value of any settlement offered.
Paralegals and case handlers may also work on your file. That is entirely normal, provided the work is properly supervised by a qualified person, like a solicitor.
What Does Attorney Actually Mean In English Law?
The word is used in this country, but it means something quite different, which is why the distinction matters.
An attorney here is someone appointed under a power of attorney to make decisions on another person’s behalf, usually about property, finances, health or welfare. Most commonly this arises through a lasting power of attorney, where someone appoints a trusted person to act for them if they lose the capacity to make their own decisions. The person appointed does not need to be legally qualified, and very often is a family member.
The word also appears in a few specialist titles, such as patent attorneys and trade mark attorneys, who advise on intellectual property, and the office of the Attorney General, the government’s senior legal adviser. None of these has anything to do with medical negligence claims.
What Do Our Solicitors For Medical Negligence Do?
Once you instruct us, a qualified solicitor takes responsibility for your claim and stays with it from the first review of your records through to its conclusion. The work generally falls into the following stages.
• Following the pre-action protocol. Clinical negligence claims are governed by the Pre-Action Protocol for the Resolution of Clinical Disputes. We obtain and review your full medical records, set out the allegations and the harm caused in a formal letter of claim, and consider the response, aiming wherever possible to resolve matters without the need for court proceedings.
• Instructing and liaising with independent experts. We identify and instruct the right medical experts to advise on whether your care fell below an acceptable standard and whether it caused your injury. In more serious claims, we also obtain evidence on your condition and prognosis, and on future needs, such as care, therapy, equipment, and accommodation, so that the claim is valued accurately and not understated.
• Negotiating settlements. Most claims are resolved without a trial. We put your case to the other side, respond to and make formal offers, represent you in negotiations and, where it is likely to help, in mediation or a round-table meeting. Throughout, we advise you on whether an offer is one you should accept or decline.
• Issuing court proceedings. Where settlement proves impossible, or where the three-year time limit is approaching before the investigation is complete, we issue proceedings at court to protect your position.
• Conducting the litigation. If a claim proceeds, we manage it through the court’s timetable, dealing with disclosure of documents, witness statements, and the exchange of expert evidence, and instructing a barrister to represent you at any hearing, through to trial if a settlement cannot be reached.
Whichever stage your claim reaches, a qualified solicitor remains responsible for it throughout, and we will keep you informed as matters progress.
We offer a free initial conversation with no obligation, giving you the information you need before you decide how to proceed. To speak to a member of our medical negligence team, contact us on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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