Medical Negligence Claims Explained

The whole process of a medical negligence claim may be highly complex especially to the untrained eye. Combining both medicine and law together can be quite difficult to comprehend as they are considered quite tough subjects to master so no wonder when they are brought together they become even more complicated. It is always strongly advised that when pursing any compensation claim case it is crucial to appoint a specialised legal team and this could not be more true for any type of medical negligence case regardless of it severity.

We are a leading law firm within the UK that are highly specialised when it comes to medical negligence as we have an exceptional legal team who are trained in all areas of medical negligence. Appointing a medical negligence claim for us to represent will ensure that you case reaches its full potential and you receive the maximum results.

We offer not only free legal advice to anyone who wishes to discuss their case with us but also a free consultation with no obligation to appoint us as your representatives so that you can have any queries regarding a medical negligence claim answered. With the majority of cases we take on regarding medical negligence 99% pursed through our No Win No Fee so that our clients can have peace of mind that they will not be at any financial risk regardless of the claims outcome and are allowed to put all their energy in to recuperation as they are comfortable enough knowing their medical negligence compensation claim is in good hands.

For more information regarding medical negligence do not hesitate to give us a call on our free phone number 0800 073 8802 where a member of our medical negligence team can answers any questions you have regarding a claim you may have. Alternatively you can have a medical negligence solicitor call you at a more convenient time by filling out an online contact form leaving some contact details and a small summary of the negligence that has occurred and a specialist who specialises in the area of the negligence that has taken place can call you.

Medical Negligence Claims Process Explained

As mentioned previously the medical negligence process to the untrained mind can be quite complex and overwhelming especially if you have been through a traumatic time and do not want further stress or anxiety added to you at this time. We handle the majority of your medical negligence compensation case for you and need minimum input from you, once the initial stages are complete i.e. you completing a statement the rest is left up to us as we help to get you back on your feet through our rehabilitation program if needed.

The medical negligence process begins with a statement from you starting from when you believe the negligence began. If appropriate the statement will be taken over the phone so that you can do it from the comfort of your own home and are not put at any inconvenience. Once the statement is taken it will be referred to a senior medical negligence solicitor who will advise whether or not the case is valid and if it came to it would it be solid enough to take to court. If it is agreed that the case shows elements of success the whole medical negligence procedure will begin which will usually mean the gathering of your medical records with you permission and having them evaluated by a medical expert who will evaluate the negligence caused. Sometimes the victim of the negligence may need to be examined too and further treated if necessary. During this time or in most cases before a letter will be sent to the health provider who has caused the negligence so they are aware of such treatment and have 3 months to respond.

If the health care provider agrees that a negligent act has taken place then the whole process takes much less time and alls that’s left to figure out is how much in terms of compensation should be awarded taking in to consideration pain and suffering and any financial loses. If it is not agreed that medical negligence has taken place then court proceedings may be issued but rest assure that we will handle all of the work on your behalf.

How Much Compensation Can I Claim For?

It is difficult to give a precise amount to any medical negligence compensation claim in the initial stages as each circumstances surrounding the negligence and the actual victim are different and the negligence may affect one individual quite different to the other. Even giving an estimate is not easy until the case has been evaluated and a medical expert has given their opinion on the amount of pain and suffering a long with an evaluation of any financial loses that have and will occur.

When it comes to giving a precise amount of how much damages should be awarded to the victim of medical negligence the following two categories are taken in to consideration;

General Damages

Such damages calculates the pain and suffering a victim of medical negligence has already been through and may go through in the future which has been of a direct result of the negligence that has occurred. A medical expert will be called upon to evaluate how much pain and suffering has been caused due to the negligence of the health care provider and how much more is the victim likely to suffer in the future. The damages will be recovered in terms of moneys o compensate the victim for the suffering incurred.

Special Damages

These type of damages covers the victim’s finances and makes every effort to put the claimant back to the position financially that they was in before the negligence took place along with calculating any future financial loses that may occur. In order to calculate the amount of damages that should be awarded the period starts from the day the negligence occurred to when the effects of the negligence will conclude. The sort of things that are taken in to consideration are; earnings that have been lost and maybe lost in the future, medication and treatment needed and any future care and equipment that may be needed. It’s important to note that the court will not allow a victim of negligence to profit from the suffering that has incurred the damages are there to try to put the claimant in the position they were in before the negligent act as much as possible.

Can Medical Negligence Compensation Claims be Funded through No Win No Fee?

Of all the medical negligence compensation cases we take on we deal with 99% of them through our No Win No Fee agreement allowing our clients to rest assure that at no point of the claim whether the case is successful or not will they be at any financial risk or ever have to pay any moneys out of their own pocket. Before the change in the law in April 2013 the claimant was not to pay any moneys regardless of the outcome of the medical negligence compensation claim however since the change came in to legislation it means that if the claimant is successful then they are required to pay their legal teams success fee which can be up to 25% of the compensation awarded.