The thought of making a clinical negligence claim can be daunting – but it’s hugely important that if something does go wrong with your care, or the care of the loved one, lessons are learned and any resulting additional care needs are supported financially.
We outline the typical medical negligence claim process and answer some of the most asked questions.
Will I have to pay to make a clinical negligence claim?
No. Clinical negligence claims work on a ‘no win, no fee’ basis. We recoup most of the legal fees from the other side. There will be a small deduction from your compensation if you win to cover the fees that cannot be recovered from your opponent.
Will making a clinical negligence claim be stressful?
Reliving the stressful things that happened to you or a family member can be stressful, but we do everything we can to fight your corner and get that all-important apology, acknowledgement and compensation that could help you find closure.
Is it ‘bad’ to claim against the NHS?
The NHS’ first duty is to care. Sometimes mistakes are made and it’s vitally important people make claims in order to prevent the same issues reoccurring. The NHS does set aside money for these claims.
Can I make a clinical negligence claim on behalf of someone else?
Yes, claims can be brought on behalf of children and people who lack the mental capacity to deal worth their own claim. It can be possible to bring claims on behalf of people who have died or their dependents.
How much compensation will I get from a clinical negligence claim?
This varies from case to case and your legal team will discuss this with you.
What is the process of making a clinical negligence claim?
Obtaining records
Once we take on your claim, we will obtain medical records, sort them and identify any missing information. We also obtain expert records from independent medical experts
Letter of claim
Once we have all the information, we will issue a letter of claim.
Response
The defendant (the NHS Trust where you or your family member was treated) will respond to the letter of claim.
Court proceedings
This is the point where we start the formal court process where there is a dispute over whether your claim should succeed or over the value of your claim. Most cases settle during the course of the court process. Very few cases ever go to a full trial.
Independent medical advice
To back our claim we speak with a host of trusted medical experts, who will be able to use their expertise to advise whether the harm you have suffered would have been avoided, if your care had not been negligent. We also instruct experts to help us value your claim.
Settling the case
Our aim is to settle your claim as quickly as possible for the maximum amount we can recover on your behalf. In some cases, we manage to get the Defendant to apologise for what has gone wrong.
Get in touch
If you believe care you received by a GP, hospital, physician, nurse or other medical professional was negligent, call us free on 0808 164 0808 to discuss your claim. Alternatively, you can request a call back and we will call you.
