How to Make a Claim for Medical Negligence
How to Start A Medical Negligence Claim?
A claim for medical negligence can begin here on line simple by filling out a contact form or giving a simple call to our free advice helpline on 0800 652 3087 our call centre is open 24 hours a day and 365 days a year. We will be glad to hear your story and give you advice on what happens next.
Will the Medical Negligence Case be handled on a No Win No Fee Basis?
Although the law slightly changed in April 2013 most medical negligence cases are handle on a conditional fee agreement which is more or less the same as No Win No Fee. The conditional fee means that if the case is lost then the client pays nothing so they are not at any financial risk on claiming compensation, they do not have to pay anything to the opposing side nor do they have to pay any of their own legal fees. However if they case is won they are expected to pay a percentage of the compensation awarded to their legal team as a success fee.
How Long Does The Claim Process Last For?
It is difficult to say how long each claim will take before completion as each and every claim is different. Depending on the severity of the case and whether or not the party being accused of a negligent act omits responsibility depends on how long the case will run. In reality medical negligence cases can take up to two years and many even exceed this time frame.
For some people claiming compensation is a must as the funds that are rewarded through a claim are needed. Medical negligence can take on varies degrees, some can be slightly injured by the negligence but seem on the road to make a full recovery with no rehabilitation as no quality of life is lost while others can be injured so severely that their lives will never return to the way it was before the negligent care or treatment happened. Those who are injured severely can often need around the clock care and have little to no quality of life with much of their home needing readjustments to help them to live life as comfortable as possible. Medical care and medication most likely will be an everyday must which may include specialised surgery and aftercare. All such care that maybe needed will come at a price that can only be funded a compensation pay out as it maybe beyond the means of any person. In these cases the victims of medical negligence have no other choice but to pursue a claim for medical negligence compensation.
Why Do People Decide to Make a Claim for Medical Negligence?
Deciding to make a claim for medical negligence is the hardest part. Many people who believe they have been a victim of medical negligence in earnest would just like an apology from the person or department they feel have been negligent. People want assurance that the care and treatment that they have received and believe to be of a standard which was below expected want confirmation that such an event will not happen again. For these people going through the complaints department and seeking an apology satisfies them but often such an apology is not always offered and assurance of the negligence not happening again is not always present which leads people to go on further and make a claim of negligence.
Why Choose a Medical Negligence Solicitor
Law in itself is complicated especially to the untrained eye and medical law is probably one of the most complicated areas as much of it relies on unbiased reports from medical experts which solicitors and law firms have no control over nor does the court. Making a claim for medical negligence can be a very stressful time for all involved including the victim and their families and being able to understand all that is needed for a medical negligence case to stand up in court can only add to the situation that maybe already is spiralling out of control. Medical negligence cases can be a very complicated experience and can be lengthy to say the least so it is important that good preparation is key. Appointing a solicitor or representative to handle a case can take the stress and worry away as they are used to dealing with such cases and can get the case ready for the proceedings that lay ahead.
How to Choose the Right Medical Negligence Solicitors
Once it has been decided that a claim for medical negligence is to be made and that using a law firm that specialises in this area is to be used to represent the case the next task is deciding on which law firm will be the best in supporting the case. A certain amount of research is needed when choosing which solicitor will be presented with the case as it is vital to ensure that they have the capabilities to take the case to its full potential. It’s important to look at how many cases each firm has been apart of and how many times they have had a successful result, looking closely at which solicitor represented each case that was successful. Once a few law firms have been narrowed down it might be relevant to meet with individual solicitors to see how they receive your case and if a connection is made so that communication will be comfortable. Choosing the right solicitor is crucial for any medical negligence case to succeed so be patient in the selecting process. It is important to remember that any client has the right to change their solicitor throughout the case if they feel unhappy with how things are progressing.
What is the Time Limit on Making a Medical Negligence Case?
With most medical negligence cases there is a three year time limit so claims have to be made within three years of the negligence taking place, but there are some exceptions these include;
- Some people are unaware that a negligent act as been committed and it may take sometime before it comes to light, once it has been discovered they have three years from the date of knowledge that something went wrong to make a claim for compensation.
- Children who are victims of medical negligence have three years after they turn 18 to bring a case of medical negligence forward.
- Those who are suffering from a mental illness have three years after they have fully received from the illness to file a claim.
- Those who will never recover from the mental illness have a life time to claim medical negligence.
More Information on Medical Negligence.