Understanding Fundamental Dishonesty In Clinical Negligence Claims: What You Need To Know
In the realm of clinical negligence claims, honesty is paramount. However, there are instances where individuals may be found to have attempted to deceive the court system for personal gain. This is where the concept of fundamental dishonesty comes into play.
What is Fundamental Dishonesty?
Fundamental dishonesty refers to a serious form of deception in legal proceedings. In English common law, it is defined as dishonesty that goes to the root of the claim itself. In simpler terms, it involves making false statements or presenting false evidence with the intention to deceive the court.
The Practical Test
Determining fundamental dishonesty involves a practical test. The court will assess whether the duplicity is significant enough to impact the outcome of the case. It’s not merely about minor inconsistencies or mistakes but rather deliberate deception that undermines the integrity of the legal process.
Consequences for the Claimant
If a claimant is found to have been fundamentally dishonest, the consequences can be severe. Firstly, their entire claim may be dismissed, meaning they lose the opportunity to receive any compensation. Secondly, they may be ordered to pay both their own and the defendant’s legal costs, which can amount to a significant financial burden. Thirdly, they may face imprisonment.
‘Substantial Injustice’
Although the judge should not dismiss a case if it is substantially unjust to the claimant, it is difficult to persuade the court that this test is met. The most recent case on this lists eight factors which delve into the nature and effect that the falsehoods have had on the case. This is helpful in the sense of ensuring that the right evidence is presented to the judge but also illustrates that it is far better to avoid the problem arising by being honest.
Why Honesty Matters
At Hodge Jones & Allen, we emphasise the importance of honesty in all aspects of the legal process. While we are committed to maximising compensation awards for our clients, we do so within the bounds of integrity and transparency. Attempting to deceive the court not only jeopardises the individual case but also undermines the credibility of the entire legal system.
How We Can Help
If you have a legitimate clinical negligence claim, our team is here to support you every step of the way. We believe in representing our clients with honesty and integrity, ensuring that their claims are presented truthfully and accurately. By working together, we can pursue the compensation you deserve while upholding the highest ethical standards.
Conclusion
Fundamental dishonesty has serious implications for clinical negligence claims. By understanding this concept and the importance of honesty in the legal process, claimants can navigate their cases with integrity and confidence. At Hodge Jones & Allen we are committed to advocating for our clients with honesty and professionalism, ensuring that their rights are protected while seeking fair compensation for their injuries.
If you have any questions or need assistance with a clinical negligence claim, don’t hesitate to contact us on 0808 271 9413 or request a callback. Our experienced Medical Negligence team is here to help.
