Below are some questions that clients frequently ask at the start of their case.
If you have any further questions please call us on any of the numbers above and we will be happy to help.
1. What is meant by the term Medical Negligence?
When a medical professional has made a mistake, a treatment has gone wrong or you have been misdiagnosed which has been the result of carelessness or poor judgment, this could be classed as medical negligence.
2. You should get in touch with the Medical Negligence team if…
You feel that you may have a claim for compensation from the NHS or a private health company. Claims may be connected to any of the following:
• Injuries to you or your child at birth
• Surgical accidents
• Incorrect diagnosis
• Missed or late diagnosis
• Inappropriate treatment
• GP, nursing or hospital errors
In addition, we also represent families of individuals who have died in any of the above types of circumstances, both in claims for compensation and at inquests into their death.
3. What happens first?
The first step is for you to speak with one of our New Client Advisors. They will listen to you, discuss your case, gather as much information as possible and give you advice in respect of types of funding available, iniatial steps to take etc.
What we do first will then depend on what outcome you want, whether this be an explanation or apology, assurance that policies/ procedures have been changed and/or compensation.
4. What happens next?
We will investigate into liability which will involve obtaining medical records and medical reports and assessing value of the claim.
A lLetter of Claim will be sent a to the defendant(s) and depending on the response, the next step will be to either settle the case or consider issuing court proceedings, if the defendant is not willing to accept liability or settle the claim for an appropriate award of damages.
If Court proceedings are issued and an appropriate settlement cannot be agreed, ultimately the matter may proceed to trial (trials are rare as most cases settle well before this stage).
In terms of inquests, we will assist the client through every step of the process (including attending pre inquest reviews) , where appropriate, and provide representation at the inquest itself (if appropriate) .
5. Will I have to go to court?
You will not need to attend Court unless your case proceeds to a trial or approval hearing, if the claim is pursued on behalf of a child or a patient who is not able to deal with the litigation themselves.
Your solicitor will attend all other Court hearings on your behalf.
6. What happens at the end of my case?
At the end of a successful case you should receive an appropriate award of damages and the defendant(s) should be responsible for the costs incurred during the investigation of your claim.
If the case is unsuccessful after being investigated and was started after April 2013 the defendant(s) should bear their own costs incurred as a result of the investigation as Qualified One Way Costs Shifting (QCOS) should apply. A policy of ATE insurance may be taken out to cover the cost of the out of pocket expenses incurred during the progress of the claim.
7. Who will look after my case?
Your case will be dealt with by one of our expert Medical Negligence team. As a department we have a wealth of experience in these types of cases.
8. How much would my claim be worth?
This depends on the type of claim you are pursuing. See the information on individual types of claim in types of claim.
9. How long do I have to make a claim?
You usually have 3 years to make a claim, however this may be dependant on the type of claim. There will also be further stipulations so for more detailed advice see the information on individual types of claim.