If you’ve suffered unnecessary harm due to substandard medical care, you may be eligible to claim compensation. Whether the negligence occurred in a hospital, GP surgery, pharmacy, or another healthcare setting, it’s important to know your rights and what steps to take. This guide aims to help you understand how the medical negligence claims process works.
You will first read about the benefits of speaking with a specialist medical negligence solicitor before you explore the criteria used to help determine if someone has a valid case. Our guide will then take a look at your options for making a medical negligence claim and what compensation can potentially cover.
At Medical Negligence Solicitors UK Co, we specialise in helping people secure the compensation they deserve. With years of experience, our expert solicitors can support you through every step of the process, ensuring your voice is heard and your claim is handled with care and professionalism.
Keep reading to learn about the medical negligence claims process, or contact us today to get started by:
- Calling us on 03301230546
- Starting your claim online
The Medical Negligence Claims Process
- Speak To A Specialist Medical Negligence Solicitor
- Determining The Liability For Medical Negligence
- Exploring Your Options For Making A Medical Negligence Claim
- Gathering Your Medical Negligence Claim Evidence
- Establishing The Value Of Your Negligence Compensation
- How Can Medical Negligence Solicitors UK Co Help Me?
- More Information
Speak To A Specialist Medical Negligence Solicitor
Before starting your claim, we recommend speaking with a specialist medical negligence solicitor. While it’s not legally required, these professionals understand the complexities of clinical negligence claims and can help ensure that your case is handled correctly from the outset.
At Medical Negligence Solicitors UK Co, our solicitors have a deep understanding of the claims process and the medical standards that need to be met. That knowledge combines with years of experience, giving them the expertise needed to navigate every stage of a claim.
Medical negligence claims typically follow a set of steps under the Pre-Action Protocol for the Resolution of Clinical Disputes. These include:
- Accessing and reviewing your medical records.
- Sending a Letter of Notification to inform the defendant of the intention to make a claim.
- Drafting a detailed Letter of Claim outlining the breach of duty and harm caused.
- Awaiting a Letter of Response from the defendant.
The Pre-Action Protocol is designed to promote early resolution without the need for a court hearing. In the following sections, you will learn more about how one of our specialist solicitors can help you navigate this part of a medical negligence claim.
Additionally, you can find out more about the benefits of working with one of our medical negligence solicitors by speaking with our advisory team. They can also provide you with a free, no-obligation case assessment to help you take your first steps towards claiming compensation.
Determining The Liability For Medical Negligence
To help determine liability for medical negligence, you will need to prove that:
- A duty of care was owed to you.
- This duty was breached.
- The breach caused avoidable harm.
Every medical and healthcare professional (as well as facilities like hospitals) owes a duty of care to those they treat. That duty requires someone like a doctor or nurse to provide their patients with a standard of care that meets the minimum expectations.
As part of the Pre-Action Protocol discussed above, your solicitor will liaise with the defendant’s representatives. This involves disclosing documents, reviewing medical evidence, and obtaining testimony from relevant experts. Throughout this process, our experienced team will take whatever steps are necessary to ensure your case is robust and well-supported.
If the defendant admits fault early in the process, then negotiations can begin. During these negotiations, your solicitor will work with the defendant’s representatives to try to reach an agreement over compensation, based on the available evidence.
However, in some cases, it is possible for a defendant to contest the claim and refuse to admit to their liability. We’ll explain what happens in such circumstances in the next section.
What Happens If Liability Cannot Be Agreed?
If liability cannot be agreed, then the claim may need to go to court. In such instances, a judge may decide the case on the basis of the evidence presented to the court.
However, it’s important to point out that most claims are settled out of court. In the rare event that your claim does go to court, one of our solicitors will ensure your case is presented professionally and effectively.
Our solicitors are dedicated to making the medical negligence claims process as stress-free as possible for you. They will handle the complex legal work, keeping you informed and supported throughout. You can find out more by getting in touch with our team of advisors.
Exploring Your Options For Making A Medical Negligence Claim
At Medical Negligence Solicitors UK Co, we’ve found that a Conditional Fee Agreement (CFA) is one of the most popular options when making a medical negligence claim. It’s a type of No Win No Fee arrangement that comes with several benefits, such as:
- No upfront solicitor fees.
- No extra solicitor fees as the claim moves forward.
- No solicitor fees at all if your claim is unsuccessful.
Under a CFA, you will pay your solicitor a success fee for the work done on your case if the claim wins. While it’s deducted from your compensation, the fee is kept small as the percentage taken is capped.
Our solicitors use CFAs because they believe no one should be denied justice because of their financial circumstances. If you’d like to learn more about the benefits of No Win No Fee representation, get in touch with our advisory team. They will explain your options clearly and can answer any questions you have about CFAs.
Gathering Your Medical Negligence Claim Evidence
You will need to gather evidence to support your medical negligence claim. If you claim through one of our solicitors, you will get expert help from the very outset with collecting and assessing relevant evidence. Our team handles this with precision and sensitivity, ensuring no detail is overlooked.
Accessing Your Medical Records
Your medical records can show what care you received, who provided it, and how your health was affected. You have a right to request these records from the hospital, GP surgery, or other healthcare provider. However, if you’re unsure about how to go about this, your solicitor can help make the request and review the content.
We also understand that reading your medical records can be emotional and confusing. That’s why our solicitors can navigate this process for you and explain everything clearly, so you know where you stand.
Getting A Second Opinion From An Independent Medical Expert
An independent medical expert will be used to assess whether your treatment fell below the minimum expected standard of care. Their impartial report can help determine how such a failure might have caused the harm you suffered. These findings may strengthen your case, improving your chances of a successful outcome.
You can learn more about proving medical negligence claims and how one of our solicitors can gather evidence on your behalf by reaching out to our advisory team. Our advice service is available 24/7, so you can rest assured that you’ll always get a prompt response to your queries.
Establishing The Value Of Your Negligence Compensation
Your solicitor may use the Judicial College Guidelines (JCG) to help establish the value of part of your medical negligence compensation. This document publishes suggested compensation brackets for various forms of harm, which are covered under a head of claim referred to as general damages. The second part of a claim is called special damages, which can compensate for the financial losses caused by the harm someone has suffered.
General damages take into account factors like whether the harm has led to long-term pain, a loss of mobility, or psychological trauma. It can also consider the overall effect on your quality of life (termed a ‘loss of amenity’).
Special damages might include:
- Loss of income if you’ve had to take time off work.
- The cost of private medical treatment, rehabilitation, and therapy.
- Travel for appointments and treatments, such as bus fares or petrol.
- Costs of care and assistance, including informal support from family members.
- Modifications to your home or vehicle if required due to the impact of the harm you endured.
Whether you’re claiming for surgical errors, medication errors, or birth injuries, one of our expert solicitors could help. Contact us today to learn more and get further guidance on the medical negligence claims process.
How Can Medical Negligence Solicitors UK Co Help Me?
Free Initial Case Assessment
We’ll listen to your story, evaluate the strength of your case, and explain your options clearly with no obligation to proceed.
Evidence Gathering
Every one of our solicitors understands exactly what it takes to build a strong and compelling case. They use that expertise to identify and obtain whatever evidence is needed to support your claim.
Dedicated Team
You’ll work directly with a specialist solicitor experienced in medical negligence claims. We ensure that every client receives consistent and personalised support.
National Coverage
No matter where you are in the country, our team can help you.
Access to Leading Professionals
We can support your recovery by connecting you with a variety of specialists, including physiotherapists and psychologists.
Maximising Compensation
Our solicitors work hard to ensure every element of your suffering and financial loss is accounted for. We pursue the maximum settlement available in every case.
Get In Touch With Our No Win No Fee Solicitors
If you believe you’ve suffered harm due to negligent medical care, don’t hesitate to get in touch with our expert advisory team. They’re here to provide guidance and support, and can help you take your first steps toward pursuing compensation.
Reach out today for a free consultation by:
- Calling us on 03301230546
- Starting your claim online
More Information
To learn more about making a medical negligence claim:
- Learn about medical negligence claim time limits
- See how to make a gallbladder surgery negligence claim
- Find out how to make care home claims
Or, to find further resources:
- Get information about NHS Resolution
- Read about the Care Quality Commission (CQC)
- General guidance for doctors from the General Medical Council
Thank you for reading our guide on the medical negligence claims process.