This is a very difficult question to answer.
In some cases, it is obvious that a clinical
accident has occurred and the only real task
will be to negotiate a settlement with the
trust concerned.
In other cases there may
be some difficulties proving whether
negligence has occurred or in other cases,
where it is possible to establish
negligence, it may not be possible to
establish very easily that the negligence
has actually caused a physical or emotional
injury.
It is not possible at the outset of the
claim whether the other side is going to
agree that a mistake was made and negotiate
an early settlement or whether the health
care provider (or more usually the health
care providers insurers) are determined to
take the matter to a trial.
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