Services for individuals
1) ARE THERE ANY TIME LIMITS IN BRINGING A MEDICAL NEGLIGENCE CLAIM?
Yes. You have three years from the date of the alleged negligence or when you knew, or ought to have known that you had sustained injury as a result of it, if later, in which to bring a claim.
Only in exceptional circumstances will the Court allow the claim to proceed out of time.
This time limit differs when a claim is brought in respect of the following:
Children - Three years from the date of their 18th birthday
Death of a loved one - Three years from the date of death
Child or adult with limited mental capacity - Not subject to any time limits
2) WHAT DO I NEED TO PROVE TO BRING A SUCCESSFUL MEDICAL NEGLIGENCE CLAIM?
In order to be successful in claim for medical negligence you need to prove the following:-
- That the standard of care provided fell below the standard of a reasonably competent practitioner (liability) and
- That harm has resulted as a result (causation)
3) DO I NEED TO PURSUE THE NHS COMPLAINTS PROCEDURE AND MAKE A FORMAL COMPLAINT BEFORE CONTACTING A SOLICITOR?
No. Depending on the circumstances of the claim, we may assist you in writing a complaint to the hospital. In some cases, we do not pursue the complaints procedure.
4) WILL YOU TAKE MY CLAIM ON A NO WIN NO FEE BASIS?
Yes. If your potential claim passes risk assessment, you will be offered a “No Win No Fee” agreement. It may be that you have your own insurance policy to fund the cost of bringing a claim but we will assist you in making any necessary enquiries before signing you up to a “No Win No Fee” agreement.
5) WHAT ARE THE STAGES IN BRINGING A CLAIM?
In order for us to take your medical negligence claim on a No Win No Fee Basis, we must be satisfied that prospects of success are sufficient enough. Once you have contacted us and provided a member of our team with information regarding your alleged medical negligence claim, your case will be risk assessed and you will be notified accordingly within approximately 2-3 weeks.
If your claim is accepted, the next step is to obtain your hospital and GP records. Your records will then be sent to an independent expert (doctor/midwife/nurse/dentist) for their opinion.
Every case is different and what we do after receiving the initial report(s) very much depends on the effect the injury or loss has had on you. No two cases are the same and each case is progressed on an individual basis.
We promise to keep you fully updated at all stages and guide you all the way. We are always at the end of a phone or email.
6) WHAT CAN I CLAIM COMPENSATION FOR?
You can claim for any injuries and financial losses that we can prove were a direct cause of the negligent treatment received. In addition, we can help you claim for any care and assistance, rehabilitation or counselling our experts recommend.
7) WHAT IS MY CLAIM WORTH?
It is virtually impossible to quantify the value of a claim at the very outset. The amount of money awarded following a successful claim depends on:
- The length of your injury
- The impact the injury has had/will have on your life, both physically and emotionally
- The affect, if any, the injury has had on your ability to work
- Whether you require any care or assistance or modifications to your home
8) WILL I HAVE TO GIVE EVIDENCE IN COURT?
Whilst we can not promise that you will never have to stand up in court, we can say that very few medical negligence claims make it to that stage as the case is either settled or, in some cases, a decision is reached with you, the legal team and the experts that the case no longer has sufficient prospects of success.
9) HOW LONG DOES A MEDICAL NEGLIGENCE CLAIM TAKE
Approximately 2-3 years.
*Subject to risk assessment and in suitable cases.