How to Make a Medical Negligence Claim

Clinical Negligence

Useful information

How to Make a Medical Negligence Claim

If, as a result of medical negligence, you have suffered injury and loss you have a right to complain and may have a right to compensation. This short guide covers how to make a medical negligence claim.

Clinical negligence cases can be complex and it is important that your solicitor has specific experience in this field. You should seek legal advice quickly because there are strict timetables for making complaints and proceeding with legal action.

We will advise whether or not, and before starting legal action, you should make a complaint in the first instance to the hospital or medical practitioner. There may be a general misunderstanding or a problem with communication which can then be resolved.

If this is not the case we may advise that you make a formal complaint. Again, time limits may be involved in this process. To complain about a hospital you should write in the first instance to the complaints manager. The Patient Advisor Liaison Service (PALS) can often assist you. Complaints about your GP should be made to the Practice Manager in the first instance.

When making a complaint it is useful if you express your concerns about the treatment or behaviour in as much detail as possible and explain what you want put right or that you require an apology for the way you have been treated.

Sometimes, however, a complaint to the hospital or medical practitioner is not enough and will not put you back into the position you were before the medical negligence.

If you have been injured as a result of negligent medical treatment, you may also have a right to compensation. Clinical negligence claims are a highly specialist area so it is important that your solicitor has specific experience in this field.

For assistance with making a formal complaint or making a compensation claim under a No Win No Fee agreement, please contact us free today online.

Are There Any Time Limits For Making A Medical Negligence Claim?

In most clinical negligence cases, you have three years to make a compensation claim, starting from the date of your injury (or the date you first became aware that your injury was a result of negligence). For cases involving children who has suffered medical negligence, this three year period begins on their 18th birthday, so you have until you’re 21 to make a claim.

Please note, however, that it is extremely important to contact us as soon as possible so that we can begin to investigate your claim.

If you have questions or concerns about the time limits, please contact us free today online.

Funding Your Medical Negligence Claim

Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk to you when making a compensation claim.

At the start of your case we’ll discuss all available funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be the best options for you. Legal expenses insurance is often included in many home insurance policies, so we always ask for you to check whether you’re already covered.

If we think a No Win No Fee agreement is most appropriate in your case, we’ll explain the process clearly and set up an insurance policy that will protect you, at no cost to you. Importantly, you will only have to contribute towards your legal costs on successful conclusion of your medical negligence claim.

If you’d like to make a claim under a No Win No Fee agreement after experiencing medical negligence, contact us free today online.

How To Make A Medical Negligence Claim

Our friendly team of specialist lawyers are experts in medical negligence claims.

After our free initial discussion with you during which we will carefully listen to you, we will:-

Consider the facts of your case and confirm as soon as possible whether are able to assist
Provide advice at the outset regarding the funding of your claim. For example you may have legal expenses insurance that covers your claim or we may be able to offer you a No Win No Fee agreement.
If we take your claim on, once funding is in place, we will explain the claims process to you and will advise you on how long it is likely to take.
Our expert medical negligence lawyers will look into your case in detail, gathering medical records and evidence from independent medical professionals. These experts evaluate whether the care you received amounted to medical negligence and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.
If our independent medical experts are of the view your treatment was negligent, we’ll then get in touch with those responsible for your negligent treatment as soon as possible to see if they accept the blame for your injury. If they accept responsibility, we’ll try to secure compensation for you in the interim which can fund private medical care and ongoing expenses, before your claim fully settles at a later date. Any interim payments will be taken out of your final compensation award.
We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation our experts say you require, we’ll start court proceedings on your behalf.
Even when trial dates have been set, claims are still often settled before reaching court. It is rare for a medical negligence claim to go to Court but if it does, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

If you’d like to make a claim under a No Win No Fee agreement after experiencing medical negligence, contact us free today online.