Hi Clare, thank you for your question, I will try to assist you with this.
Unfortunately, clinical negligence claims are very difficult and costly to pursue, especially at the beginning of a claim as you do really need a report to confirm if there has been any negligence by the professional. That said however does not mean that you should not consider this.
To bring a successful claim you will have to prove that the neurosurgeon owed a duty of care to your husband, that he was negligent in his management, and also that the your husband suffered harm as a result.
To obtain compensation your husband would have to succeed on both liability and causation:
1. Liability to show that the neurosurgeon must have been found to have acted in a manner that no other similar professional would have done; and
2. Causation that harm has resulted which would not otherwise have occurred (on the balance of probability, ie the action of the doctor was more than 50% likely to have caused the harm).
It does sound on the information provided that there is potential for a claim for compensation (hence some solicitors have shown interest in this), there are issues that need to be explored and that can only be done by way of a medico-legal report. For this you will need to provide all the medical records for your husband - GP and Hospital, including private and NHS (each provider will charge you a fee for obtaining these records - usually £50) - to a specialist reporting neurosurgeon expert who will review the records, meet with your husband and prepare a report.
I should also add that you have 3 years from the date of the incident or "date of knowledge" to bring a claim for clinical negligence. This "date" is often difficult to define in clinical negligence, but essentially this is from when you suspected or had reasonable knowledge regarding the action or inaction complained off.
I would suggest you speak to the lawyers who have shown interest and see if they are willing to undertake this on a conditional fee arrangement.
If you have any further or specific questions, please ask. Thanks
Many thanks for your response.
We believe that there is a case but understand that it won't be cheap or easy to obtain the relevant answers to the points you've raised above.
Having endured so much preventable pain and suffering as well financial hardship, both past & present and with much more to come, we really only have one option but to pursue this case.