Medical Negligence Claims Explained
Medical Malpractice Claims No Win No Fee
Most of the medical negligence claims we handle are done on a No Win No Fee agreement or as it’s more broadly known now since the changes in April 2013 a Conditional Fee arrangement. Up to 99 per cent of all claims are filed on a No Win No Fee basis so there is no financial risk to our clients, they are not asked for any sums of money on taking out a medical negligence compensation claim. Before the changes in April 2013 it meant that if the case was lost and the other side won that the client would not have to pay any moneys for legal fees or to the opposing side, this element still stands. The change only altered if the client was successful with their claim that they would pay their solicitors a success fee of up to 25 per cent.
MedicDirect.co.uk is now part of MedicalNegligenceAssist.co.uk.
No Win No Fee agreements are more or less the same as Conditional Fee arrangements as the client will never be out of pocket regardless of the outcome. In the event of the case for medical negligence compensation being lost the client will pay nothing. It is only if the case is won that an amount at the solicitor’s discretion but of no more than 25 per cent of the compensation awarded is taken.
Medical Negligence Claims, How Much Compensation Can I Claim For?
It is almost impossible for any medical negligence solicitor to give an exact amount of compensation that will be awarded to their client as every case brought for medical negligence are different. No two cases are the same and the after affects of a medical negligence incident will affect the person differently and their family. Clinical negligence claim payouts can be estimated using a medical negligence compensation calculator but this is only a rough guide and cannot be taken as fact.
When calculating medical negligence claim amount two categories are used, these are;
General Damages – This type of damage accounts for the pain and suffering a person has encountered due to the act of medical negligence. It is difficult to give a precise amount on the first consultation with a medical negligence solicitor until all the facts and reports have been looked over by a medical expert as it is almost impossible to calculate a person pain.
To calculate general damages correctly the point at where the pain started due to the negligence is the date from where the compensation amount will count from and the amount of pain a person’s has suffered will be evaluated. In layman’s terms, the more the pain has affected your life and how it has changed it will results in how much general damages is awarded. The court may also take into consideration the following as aspects;
- How severe the injury is
- Is a disability present and how has this changed your life i.e. limited employment
- Treatment needed in the past and future and as a result of the negligence
- How the negligence has affected your health overall
- Quality of life-deterioration
Special Damages – these damages are there to try to get you back in the position you was in financially before the medical negligence happened. In terms of financial it generally means to covers expenses that have been incurred after the period of the negligent incident that relates directly to the consequence of the negligence. It also takes in to consideration the losses and expenses that will occur in the future as a result of the negligence. It is important to note that the court will not allow a victim of negligence to profit from the experience it will only allow the victim to return to financial means to where they was before the incident or try to find an equal balance if this is not redeemed possible. Special damages may include but are not exclusive to;
- Earnings that have been lost
- Medication and treatment that is needed at the (past), present and any time in the future
- Cost of care that is needed
- Cost of equipment that the victim requires
Find Out How Much By Calculating On Medical Negligence Claims Calculator
It is possible to estimate how much a medical negligence claim is worth by using our medical negligence claims calculator but it is vital to take in to consideration that any figures given are estimates and do not have any real bearing on true cases they are there to show what could be awarded by the court. Most claims range from £1000 to amounts that can well exceed £200,000 on the most severe cases.
Below is a list of categories that can be claimed for in a medical negligence compensation case that has ended in a fatality;
Fatal Incidents – in any circumstance a person passing away is devastating for all especially their family but when it is the result from a medical negligence incident and could have otherwise been avoided it may not deepen the devastation but it can by all means add to it. Making a claim for medical negligence can be done by a responsible person of the family. They will put the claim forward on behalf of the person who is deceased and will act on their behalf.
Bereavement Award – the amount of the bereavement compensation amount is awarded at £11,800 but can only be claimed for by the victims spouse or the parent of the victim if they were under the age of 18.
Loss of Financial Dependency – the court award this type of compensation if the victim’s family relied upon the victim for their financial contribution. It is awarded so that the family are not made to suffer financially due to the act of negligence.
Loss of Care and Attention – this type of compensation that may be awarded is up to the judge on whether or not the award is given and can only be given where there is a loss of parent or spouse. It is of the judge’s discretion to award it and the amount given may be only small.
Loss on Dependency on Services – this is awarded if the victim was the main carer for a child i.e. a parent or guardian or if a disabled person relied up on this person for care and assistance. Loss of Dependency on Services is awarded due to the fact that the services provided by the victim will be no longer present.
Funeral Expenses – the victim’s family can claim compensation for the moneys required for the victim’s funeral. The type of things that can be claimed for are; grave stone plot, funeral services and funeral cars.
How To Start An NHS Medical Negligence Claim
In order to start a medical negligence claim especially one concerning the National Health Service(NHS) it is ideal sometimes compulsory to first put a letter in to the complaints department letting them know that you are not happy with a service or treatment that has been provided. By putting in a complaint you are bringing attention to failings that might be present and letting them know that you may take the case further.
Once the letter has been received you do not have to wait for a reply the main thing is that you have informed them of the poor standard of care you have received. The next step is to decide how you want to take the case forward, whether or not you would like a solicitor to handle your case. As medical law is highly complicated and the actual process and procedure needed to put a case together i.e. medical records, medical expert reports, witness reports etc using a medical negligence solicitor is hugely recommended in order for the case to reach its full potential.
You can simply apply here online by filling out a contact form were a highly skilled professionasl in this area of law can give you a call back and discuss your case free of charge. Or you can call on 0800 652 3087 and speak to a senior medical negligence solicitor who would be happy to help you in your case and give you an affirmative answer to whether you have a valid claim or not.
Medical Negligence Claim Process Explained
We can handle your claim for you here with little or no effort needed from yourself. We are not a claims management team we are regulated by the SRA which are quite strict on their approach to medical negligence law but most definitely provide rules and regulations that give the best result.
We follow the medical negligence claim procedure to the letter so that the case does not go off track and keep any delays to the limit. We can assure you that any details given are kept in the strictest confidentiality and we appreciate that medical negligence can be a delicate issue. Your case will be dealt with by a highly trained senior member of our medical negligence team and any experts that need to be included in the case will be of a high standard.
The procedure will start off by assessing your claim to see if it would stand up in a court law and the outcome would likely be a successful one. In order for it to be considered medical negligence it must been proved that there has been a breach of duty and such a breach has caused harm in some way. Funding will be the next step and most cases that we take on are through a Conditional Fee Arrangement. Before the actually claim process can begin we must first request your medical records so that we can evaluate the evidence and see if the breach of duty that has occurred is clear from the records. It may mean that we need to instruct a medical expert or more than one depending on the case to look over the medical records.
When it is clear that a negligent act has been committed then the complaint will be filed with the opposing side or more possibly the court if the opposing side do not believe negligence has taken place.
What Is The Medical Negligence Claims Time Limit?
In most cases the time limit is 3 years to file a medical negligence claim for compensation, however there are exceptions these include;
- If the negligence is not clear straight away but is discovered some time after then the victim has three years after the date of knowledge.
- If the victim is suffering from a mental illness they have three years after they have recovered to make a claim.
- If the mental illness remains they have a life time to claim compensation.
- A child who is a victim of medical negligence has three tears after they turn eighteen to make a medical negligence claim.
More Information on Medical Negligence.