This is a claim in professional negligence against D solicitors’ firm who advised him in 2018 in respect of a claim… The claim was for damages following historic child abuse…[1]
The C complains that D did not seek counsel’s advice or medical or other expert opinion before assessing his claim. D denies that there was any duty to do so in the circumstances of the case, and in light of the poor prospects of success of the claim generally. C says the solicitors were in breach of contract and/or negligent in their failure to assess his claim properly and he asserts he was, as a result, grossly undercompensated. He claims loss and damage for the alleged under-compensation and for distress and anxiety at having to revisit the relevant events. [11]
C in submissions addressed first the proposition that it was negligent to fail to obtain a medical report in this case. [125]
I reject the breadth of these submissions. In my judgement, consistently with the process of assessment that a solicitor is required to carry out in a case, using his or her experience and knowledge and judgement, each case falls to be assessed on its own facts and merits and at the time, and on a continuing basis, as it develops. It is a matter of broad judgement when, indeed whether, a medical report is required. [126]
I reject the general proposition that solicitors experienced in handling medico-legal materials always require expert opinion properly to read and understand medical material. Reading and understanding medical material is entirely within the compass of an experienced specialist solicitor, and the notes made by D speak for themselves as a cogent understanding of some fairly obvious points – points that in this case went to causation and were arguably very harmful to C’s case. I reject the particular proposition that D was negligent in not obtaining an expert medical report here. [127]
Accordingly, this claim must be dismissed. There is no basis on which it can be said D breached its duty to C in the conduct of this case or that with different advice, C would have obtained any better outcome. [153]
medicalnegligencenow.com 