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Professional Attributes and Job Description of a Medical Negligence Lawyer

According to the laws of the United Kingdom, every personal injury lawyer is required to be well versed in every realm in this particular sector of the judicial system, be it medical negligence claims or road traffic accident compensation. This is because these lawyers are required to deal with practically any and every region of personal injury. However, the requirement for specialisation is very much there, thanks to the fact that each sub-sector in the personal injury department has its own set of rules and regulations, and medical negligence claimsfiling each case requires the lawyer to observe certain unique methodology. As such, most people filing a personal injury case prefer to contact a lawyer who is a specialist in that particular field; for instance, someone filing a claim for compensation against a negligent general physician is most likely to seek a medical negligence solicitor.

Ever since the incorporation of the no win no fee system in the United Kingdom, the judicial system of the country has become much more approachable and within the reach of the common masses. Needless to say, this has also led to a major rise in the demand of the personal injury solicitors. With the NHS facing some serious music since the last few years, clinical negligence solicitors are being inundated with work. While on the one hand this certainly bodes ill for the future of the healthcare system in the United Kingdom, on the other hand it has certainly made the legal profession a lucrative one.

In spite of the fact that the field of medical negligence is a promising one, it should also be kept in mind that it is a pretty risky zone as well. The field is highly technical, and the job responsibilities are huge. An immense propensity of success also means that the competition is huge. Keeping all the aforementioned factors in point, it becomes necessary that someone hoping the make a bright career as a clinical negligence solicitor exactly what the profession requires and entails before actually donning the court dress.

The following topics deal with the basic facts and figures about the legal profession.

Job Description

A medical negligence solicitor deals with any claim that is filed against a negligent healthcare professional. As such, the legal services of the solicitor can be engaged by either the plaintiff or the respondent. Depending on whom he or she is representing, the lawyer has to either fight for the claim or against it. The medical negligence lawyer can be appointed by either individuals or by organisations- like a corporate firm or a hospital or nursing home.

Job Duties

The job of the clinical negligence solicitor is to assert and prove that the negligence had indeed taken place, in whichever form, and that the plaintiff suffered personal damage to a certain degree as a result of that negligence. It is of the utmost importance for the solicitor to make sure that the case is presented convincingly as an act of negligence; that is, the accident could have been avoided if the professional in charge had been a little more careful.

If the solicitor is representing the respondent, it is his or her duty to convince the jury and the judge that the act of negligence had not occurred at all. If the hearing does not go favourably, it falls on the solicitor to make sure that the respondent has to pay as minimal a sum as possible as compensation to the claimant.

The responsibilities of the clinical negligence lawyer also include the drawing up of the compensation sum. This is something that the lawyer is entrusted with no matter which side he is representing. The agreement on the final sum to be presented to court as compensation has to be determined by both the lawyers: defence and prosecution. For this purpose, both lawyers have to present to the court all the evidence and calculations that went into the determination of the sum.

The job of the personal injury solicitor is to ensure that the trial goes in favour for the parry he or she is representing. Even if the verdict is against the respective party, the lawyer is entrusted with the job of making the best out of a bad situation. As such, the lawyer has to make decisions that determine the course of the trial; often, the legal professional might have to decide whether to take medical negligence lawyerthe medical negligence claims case to court at all or to go for an out of court settlement. However, the opinion of the client is paramount, and it is mandatory for the lawyer to ask for the same.

Educational Qualifications

The educational qualifications of a medical negligence lawyer in the United Kingdom are as given below.

  • Regular school level education
  • Post schooling specialised education in the chosen legal field
  • Bar passage exam for the certification of competence
  • Additional certificates from reliable and recognised authorities

Personal and Professional Attributes

Apart from the educational qualifications and formal training, there are a few attributes that go into the making of an expert medical negligence claims solicitor.

  • First of all, the lawyer must be socially comfortable and be able to deal with all kinds of people from every strata of the society.
  • Responsibility is a key attribute in a lawyer; a lot depend upon these professionals, and it is mandatory that he or he is capable of shouldering and carrying out huge amounts of duties.
  • It is imperative that the lawyer has very strong research skills and well as writing skills.
  • A logical and rational bent of mind is of the utmost importance in a lawyer.
  • The ability to make decisions in high pressure situations is imperative; cases can turn at any minute, and it is imperative that the lawyer keeps a cool head in such a situation.

It is of the utmost importance for a clinical negligence lawyer to remain up to date with all the recent developments and changes in the laws of the country, and set up the case in accordance to the same. Filling important paperwork is part of the duties, and keeping the client informed at all times is imperative as well.

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