What is the difference between a Personal Injury (PI) and a Clinical Negligence claim?
Personal Injury
Personal injury claims arise where a person suffers an injury and/or loss because of the negligence of another party. Types of personal injury claims can include:
- Road traffic accidents
- Accidents on a public highway
- Accidents at work / work related illnesses
- Slips and trips
Clinical Negligence
Clinical negligence claims arise when a person suffers an injury and/or loss due to the negligence of a medical or healthcare professional. Types of clinical negligence claims may include:
- Misdiagnosis of a medical condition
- Delay in diagnosis
- Incorrect treatment
- Surgical errors
- Birth injuries
Duty of Care and Breach of Duty
For both personal injury and clinical negligence claims, it must be established that a duty of care was owed by the defendant to the claimant and that this duty of care was breached, resulting in injury and/or loss.
In claims for personal injury, a defendant’s actions will be assessed against those of a reasonable person. For example, a defendant in a road traffic accident would be compared to the standard of an ordinary skilled driver. If a defendant’s actions fall below this standard, they will be deemed to have breached their duty of care.
In clinical negligence cases, the courts recognise a different standard of care. Defendants in clinical negligence claims will have a specialist skill or profession, they are therefore judged against a reasonable person with that same skill or profession. For example, a doctor would be deemed to have breached their duty of care to a patient if they have acted in a way which is not accepted by a responsible body of doctors in that specific field.
Time limits
In cases of personal injury and clinical negligence there are limitation periods i.e., time limits for issuing a claim at Court. However, these are slightly different depending on the type of claim.
Personal injury: three years from the date of the accident.
Clinical negligence: three years from the date of the negligence or three years from the date of knowledge i.e., the date you were first aware of the negligence.
If a child is injured, the three-year time limit doesn’t start to run until the child’s 18th birthday. This means that if the injury occurred before the child turned 18, they will have until their 21st birthday to issue a claim.
Our specialist team has vast experience in dealing with accident claims and clinical negligence actions. We believe in using that expertise to ensure we advise and support you in a sympathetic and professional manner, to make pursuing a claim as easy as possible for you and your family. We understand and appreciate the effects of an injury or harm resulting from negligence can be devastating physically, emotionally and financially.
Speak to Lucy Allen by calling 0121 2367388 or by emailing lucy.allen@mfgsolicitors.com
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