If you are considering pursuing a medical claim you will of
course have lots of questions. The following links answer some of
the more common questions and give details of things you
need to know about.
Do I have a claim?
How do I make a claim?
What are the initial
investigations?
What is the court procedure?
How much will I get?
How do I fund my claim?
Do I have a claim?
In order to be successful in a clinical negligence claim you
must prove both:
- that the care you received fell below the required standard of
care; and
- that this caused you some harm
There are strict time limits, usually three years, in which
legal action should be commenced. This three year period runs
either from the date of the negligence, or from the date you should
have been aware of the injury or claim. Where the patient suffers
brain injury or is a child, special rules apply.
It is not always easy to decide if you have a claim. We can help
you understand whether you have a claim by undertaking some initial
investigations. Please contact Paul McNeil or one of our clinical
negligence lawyers on free phone 0800 358 3848 for free initial
advice.
How do I make a claim?
A clinical negligence claim can be broken down into two stages;
the first is the investigation stage and the second relates to
court proceedings.
What are the initial investigations?
We will usually see you to take a statement from you. Then we
will obtain your medical records and instruct independent experts
to consider whether the treatment you received fell below a
reasonable standard and if so, whether you suffered injury as a
result.
At this stage, we will advise you whether or not you have a case
that is worth pursuing. In some cases we will seek the advice of an
experienced barrister to give an opinion on the merits of your
claim.
We will always consider with you, the results of the initial
investigations and together we will consider the appropriate
steps.
What is the court procedure?
Our Guide to Medical Negligence Cases sets out the
rules for the pre-action protocol and court procedure.
Although taking a case to Court can be a lengthy process, we
will do our utmost to ensure that your case proceeds as quickly as
possible. Providing there are no hiccups, it normally takes 12-18
months for a clinical negligence case to reach trial from the date
we issue proceedings. Throughout this time, we constantly update
you and consider your case with you.
Many cases are settled because our philosophy is to prepare your
case for trial from the outset.
For more information, please refer to our Client’s Guide to
Medical Negligence.
How much will I get?
If you are able to show that the treatment you received fell
below a reasonable standard and that this caused you harm, you will
be entitled to claim compensation for:
- your pain, suffering and loss of amenity
- quantifiable losses, e.g. earnings, medical expenses etc
- future losses and expenses where there are ongoing needs
Each case is assessed on its own merits. It is impossible at the
outset of the case to advise you how much compensation you will
recover. Much depends upon our investigations into quantum of
damages. We will, however, be able to provide you with a broad
outline at the initial meeting of the likely merits of the
claim.
How do I fund my claim?
There are four main ways to fund your claim:
- Public Funding (Legal Aid)
- "No win, no fee” (conditional fee agreement)
- legal expenses insurance
- private funding
- public funding
We are one of a small number of firms in the country to be
awarded a franchise for public funding (legal aid) from the Legal
Services Commission.
Public funding will be granted to those whose case merits
investigation if they pass the “means” test.