Medical Negligence – No Win No Fee
An overview of how to make clinical and medical negligence claim, what is involved in the process.
Background
Medical negligence claims are different from personal Injury claims in that they require you, the Claimant, to prove two separate things: that the healthcare professional failed to carry out their responsibilities and that this is what caused you to be in the position you are now in. You may hear your lawyer talk about a ‘breach of duty’. This means that, for the type of treatment you received, your care fell below the standard expected of a reasonably competent and skilful specialist. In other words, they failed to treat you in the way you could reasonably hope to be treated. You need to show that the negligent care (rather than the underlying condition) caused you harm. This may sound easy, but it can be difficult, particularly when someone was already ill. Your lawyer may recommend that you obtain a report from an independent medical expert to help prove these two issues; and we will be able to arrange this for you.
Medical Negligence Time Constraints
You are usually required to start a compensation claim within three years of the date of your injury or of the date when you first discovered that your injury was the result of clinical or medical negligence. It’s crucial to get expert legal advice as soon as possible after the clinical medical negligence took place. This will mean the proper steps can be taken to investigate your case fully at the earliest opportunity. Some evidence relies on memory, and it’s always best to record these details when they are fresh.
No Win, No Fee Medical Negligence Claims
Conditional Fee Agreements (CFA) are common in this area. They are more commonly known as a No Win, No Fee agreement. This means there is no financial risk to you. It’s important to ask your medical negligence lawyer about these options so you don’t have to worry about costs. In all cases, if your claim is successful, the side paying your compensation will also pay your legal costs. If your claim is run under a CFA and your claim is unsuccessful, your Lawyer waives their fee and you are not liable for any of their costs.
Preparing for a Medical Negligence Claim
Your lawyer will want to understand fully the impact that the negligence has had on your life and to make sure that any compensation you receive will cover all your future needs. Preparing a medical negligence case can involve taking detailed statements, obtaining full copies of your medical records and X-rays, and seeking expert opinion. Ensuring that these are done thoroughly may take time. All this will give your claim the best chance of success, and should not deter you from making a medical negligence claim if you want to. Some people are put off from claim compensation by the thought of having to go to Court. This happens for only a very small minority of cases, in fact the vast majority of claims are settled without getting as far as Court.
The Medical Negligence Claims Process
Claiming compensation for clinical or medical negligence will be able to provide you with financial compensation only. However, your lawyer may also be able to explain what other options are available. Regardless of whether you start a compensation claim, you are entitled to make a written complaint about treatment received either privately or on the NHS. Your lawyer will advise you on how to do this. If you do wish to make a formal complaint, you must do so within six months, so it’s best not to delay. Starck Uberoi’s litigation team has a proven track record in this area and can help you with your claim at every step. For an estimation of the kind of compensation, you could receive, download this pdf – Medical Negligence Claims Compensation. Our offices are based in Brentford, Ealing, Chiswick, Canterbury and London Victoria. For an appointment at any of our offices to discuss your potential medical negligence claim, email us at solicitor@starckuberoi.co.uk or call 0208 840 6640.
