Medical Negligence

We understand that pursuing a claim for Medical Negligence can be daunting.

Client’s have many questions when they begin the process.

The main questions we are asked are:

1. How much will it cost?
2. How long do I have to make a claim?
3. How much compensation will I receive?
4. How do I prove medical negligence?

Below we look at each question in more detail:

1. How much will it cost?

No win, no fee funding can be available in medical negligence claims.

This is also known as a conditional fee agreement or CFA. A CFA, together with a legal expenses insurance policy, protects you from facing a large legal bill if you lose your case. Instead these costs are covered by the insurance policy, which your solicitor arranges on your behalf.

If you win your medical negligence claim, your legal costs and the insurance premium will mostly be paid by the defendant (for example, the doctor or NHS Trust responsible for your injuries). You will pay a part of the costs out of your compensation, but at most this will be 25% of the compensation you receive.

If you lose your claim, you will not pay any fees or costs at all.

• How long do I have to make a claim?

The general time limit for medical negligence claims is 3 years from the date of the negligence or from the date you became aware of the negligent treatment.

This means that Court proceedings must be commenced, by issuing a claim form at Court, within 3 years.

If proceedings are not commenced in time the Court may not allow you to bring the claim.

There are some exceptions to this. If you believe you have a medical negligence claim please contact us as soon as possible to discuss the limitation position.

• How much compensation will I receive?

This is assessed on a case by case basis.

A medical negligence claim is made up of a number of different elements.

You are entitled to compensation for the pain and suffering you have suffered as a direct result of the medical negligence.

You can also claim for loss of earnings if you had to take time off from work as a result of the injuries you suffered from the medical negligence and did not receive full pay from your employer. If you are left unable to work at all because of medical negligence, your compensation will reflect this.

You can also be compensated for any costs you incur which relate to your condition, whether these are in the present or in future. If you need nursing care, adaptations to your home or vehicle, aids and equipment, this can all be included.

With serious medical injuries, these figures will be added up over your lifetime to ensure that you are properly cared for.

• How do I prove medical negligence?

To make a successful claim for medical negligence you have to prove 2 things:

• that the standard of care you received fell below that of a reasonably competent health care professional in that specific area of medicine (negligence)

• that you have suffered a physical or mental injury as a direct result of the negligent action (causation)

For a claim to be successful you have to prove both negligence and causation. You cannot claim compensation just because someone has done something wrong. You have to prove that this has caused you significant injury

Taking legal action for medical negligence

If you believe you have been injured as a result of negligent medical treatment, you may be able to take legal action.If you would like to discuss a potential claim please contact a member of the specialist medical negligence team who will be pleased to assist you.