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Understanding and clarifying Duty of Care after Darnley V Croydon Health Services NHS Trust

Jason Tang

Posted by Jason Tang | Solicitor
On 1st November 2018

In litigation, there will always be certain legal elements that a Claimant will need to prove in order to be successful in their claim. Specifically in clinical negligence claims, these elements can broadly speaking be separated into four categories: that a duty of care existed;
that the level of care provided fell below a reasonable standard; that the failure of care caused the Claimant to suffer the injury alleged; that this injury gives rise to pain, suffering, loss of amenity and any other financial loss (damages).

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Is clinical negligence compensation taxable and will it affect my benefits?

Lauren Tebbett

Posted by Lauren Tebbett | Associate
On 11th October 2018

You don’t have to pay tax on clinical negligence compensation in the UK

Financial compensation awarded on a clinical negligence claim is intended, insofar as money can do so, to put the Claimant back in the position they would have been had the negligence never occurred. Damages can be awarded as a lump sum or, as is often the case with very severe injuries, as regular payments made over a period of time. Generally speaking, compensation for an injury and associated losses caused by negligent medical treatment is exempt from tax in the UK.

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What can you do if you think you have been a victim of medical negligence?

Abbie Roberts

Posted by Abbie Roberts | Associate
On 28th September 2018

Believing that something has gone wrong with the medical treatment either you or a loved one has received is understandably very worrying. It can leave people feeling vulnerable and in need of answers.

The first step you should take is speak to the medical clinicians about your concerns. The NHS strives to work with a duty of candour, which means that all healthcare professionals should be open and honest with their patients when something seems to have gone wrong with the care provided. Sometimes, an explanation and an apology will be enough to help you understand what has happened, and move on from it.

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