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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12075
Experience:  30 years as a practising solicitor.
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Hi there, I believe my friend has been a victim of a case

Customer Question

Hi there,

I believe my friend has been a victim of a case of medical negligence. They are reluctant to take the case to court, although I believe they have grounds for an action. They are however willing to give me the evidence I need to bring the case to court. I realise people are able to represent themself in civil actions. I wondered if you were able to advise me what the legal stance was on third party representation? Is this at all possible? I live in Scotland.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

In a court action like this you are not allowed to represent someone unless you are an advocate or a solicitor. You are allowed, with leave of the court to sit with them and help but they would have to deal with the case.

On a separate note, a medical negligence case is one of the most complex actions you could take to court and should only be handled by a solicitor who specialises in such cases. Most solicitors won't deal with this type of case and they leave the specialists to deal with these cases, often assisted by junior counsel or a QC.

In addition, there are special rules of court for personal injury action generally and if you don't follow them, you can have the case thrown out on a technical point even before the court has heard any evidence.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

Hi there,


Thank you very much for your time and answer.


Can I ask why medical negligence is so complex compared to other civil actions?


I know that my friend was told, after a heavy prescription of steriods, which made him physically weak, ashamed of his appearance, that hindered his life quite dramitically. He was told that the lung condition he had been originally diagnosed with after his course of treatment, had in fact, healed prior to his prescription of the steriods.


I believe this is to be negligence. Can you please give me your opinion of what evidence that I would need to produce in order for a case to be considered?


Many thanks

Expert:  JGM replied 4 years ago.
A medical negligence action is complex because of the fact that it has to be raised as an ordinary action and involved the drafting of court papers from scratch. Suitable experts have to be employed and the Hunter v Hanley test has to be established by way of expert evidence.

In you case you would have to establish what the normal treatment is for your friend's condition, that the prescribing doctor departed from the norm without good reason, that no other doctor of ordinary competence would have done so and that as a result of this treatment your friend sufferd loss, injury and damage.