How to Make a Medical Negligence Compensation Claims

Medical negligence is poor medical care provided by a healthcare professional to a patient, which has directly contributed to an injury or worsens an existing condition. Negligent treatment can happen in a number of ways, including misdiagnosis, surgical errors or delayed treatment. If you have been a victim of substandard care and have suffered an injury or illness as a result, you may be entitled to a compensation claim.   

HOW DO I MAKE A CLAIM?

To make a successful medical negligence compensation claim, the first thing you need to do is get in touch with one of our specialist solicitors. We will help you manage the process by trying to understand events surrounding your case via a free initial consultation. After the consultation, we will request your medical records and work closely with independent medical experts, who will evaluate your case and give their opinion on whether you have suffered negligent treatment.

If we believe you have a valid medical negligence claim, we will begin legal action on your behalf.

HOW MUCH CAN I EXPECT FOR MEDICAL NEGLIGENCE?

Every medical negligence case is unique. The compensation you can expect will depend on the nature of your injury, its impact on your life and its impact on your current and future earning prospects. When our Medical Negligence Solicitors help you make a claim, they consider a number of things such as:

• The pain and suffering you have experienced. While this does not have a specific monetary value, the compensation you receive will depend on the severity of pain and suffering.
• Financial losses you have incurred such as medical equipment you have acquired to aid your daily living as well as cost of travel for medical appointments.
• Home adaptations
• Cost of current and future medical care
• Earnings you have lost due to the injury. You may also be able to make a claim for future estimated earnings if the injury has impacted your ability to continue work.
• Cost of medical procedures you need after the negligent treatment

The panel of specialist medical negligence solicitors we work with will use all of the information gotten from you to ensure you receive the maximum compensation you deserve.

CAN I MAKE A CLAIM AGAINST THE NHS FOR MEDICAL NEGLIGENCE?

Yes, you can. If you have been injured or your condition has been made worse due to medical negligence on the part of an NHS trust or medical professional, you may be entitled to a compensation claim. Medical negligence claims against the NHS can be daunting, but our specialist NHS solicitors can walk you through the process and help you get assess to justice.

WILL I HAVE TO GO TO COURT?

Most medical negligence claims are sorted before they go to trial, with only the very complex ones going all the way. If your case goes to court, you can count on us to support you through the process.

CONTACT US

For a free, no obligation consultation about making medical negligence claims, please call us today on 0800 644 4240 or contact us online and we will get in touch with you as soon as possible.

How to Start a Medical Negligence Claim?

Negligent medical care can be a painful and traumatic experience, and can have a serious impact on the health of wellbeing of its victim. If you have suffered harm after receiving poor medical care, you may be entitled to a medical negligence claim.

Medical negligence claims can seem complex and overwhelming, but with the right legal support, you can enhance your chance of receiving a fair outcome. This article discusses the medical negligence claims process and how you can begin your quest for justice.

Initial Consultation

When you contact us at Medical Negligence Direct, we will arrange for a free, no obligation consultation. During this meeting, we will discuss details of your case, including the negligent treatment you believe you or your loved one have suffered. In the end, we will give you an honest and transparent assessment of your case about whether we believe you have a valid claim. If you do, we will advice you on the next steps for a medical negligence claim.

Developing your case

If we believe you have a valid claim, we will help you establish the facts of the case. This will include a number of steps, including obtaining medical records, arranging for expert medical examination, and getting witness statements. 

Letter of notification 

We will help you draft an initial letter to the NHS Trust or healthcare service responsible for your treatment at the time of the negligence. This letter will notify them that you intend to make a claim, and gives them an opportunity to offer a resolution as quickly as possible. 

 Making a claim 

 A letter of claim will be sent to your defendant, detailing the facts of your case. The letter will include the alleged errors made by the medical professional(s), as well as the impact on the health of you or your loved one and how much compensation you seek. 

Upon receipt of the letter, the defendant has 4 months to respond. The response will either admit responsibility for the injury you suffered or deny there was negligence. Following the defendant’s response, we will discuss with you on whether you should accept the settlement (if offered) or take further action. 

 Court proceedings 

If a resolution is not reach with the alleged negligent party, we can initiate court proceedings on your behalf. However, the vast majority of medical negligence cases do not go to trial, so it is likely that your case will be resolved before this point. In any case, you can count on us to walk with you all the way if the case goes to trial. 

 No Win No Fee Medical Negligence Claims

We handle most of our clients’ medical negligence claims on a No Win No Fee basis. This means that you do not have to pay any upfront legal fees when starting a medical negligence claim. 

 Why Choose Medical Negligence Direct? 

We work with a panel of specialist medical negligence solicitors who have been supporting claimants through a wide range of claims for many years. With a strong and successful track record, we are up to the task even for the most complex and challenging cases. Please call us today on 0800 644 4240 for a chat with one of our specialist solicitors or fill out our claims assessment form and we’ll give you a call as soon as possible.

How to Make a Medical Negligence Claim? Medical Negligence Direct

Making a Medical Negligence Claim can feel like a complex and daunting project, but with the right knowledge and support, the process can be quite straightforward and hassle-free. If you believe you have suffered damage as a result of the negligent behavior of a healthcare professional, you may be entitled to claim for compensation.

This article is designed to help you understand what it takes to make a medical negligence claim, and how medical negligence solicitors can walk you through the process to give you the best chance of a favorable outcome.

STEPS TO MAKING A MEDICAL NEGLIGENCE CLAIM

• Contact a Medical Negligence Solicitor

Medical law is arguably one of the most complicated aspects of law as it largely relies on unbiased medical expert reports which solicitors cannot control. The first step to making a medical negligence claim is to contact a solicitor. The solicitor will request for all relevant records and documents for your case, and determine if it is strong enough to make a claim. This step is important as it takes the worry and stress associated with handling such cases. Medical negligence solicitors are used to these cases and will prepare your claim for the proceedings that follow.

• Letter of Notification

In NHS medical negligence claims, a letter of notification will be sent to the NHS Trust as soon as medical negligence is established by your solicitor. This letter is aimed at giving the defendant a ‘heads-up’ that you intend pursuing a claim, and gives them an opportunity to seek early resolution.

• Submitting Your Claim

Following the notification submitted to the NHS Trust, your solicitor will submit a letter of claim which sets the facts right in clear details, including the precise errors in the alleged breach of duty. The letter will also include facts about how the injury has affected you or your loved one’s health, and the level of compensation you seek.

• The Defendant’s Response

Once your claim is sent to the defendant, they must respond within 4 months. The response will either be to admit responsibility and offer compensation or deny negligence. Depending on the defendant’s response, your solicitor will advise you on what the next course of action should be.

• Trial in Court

If the defendant’s response is not satisfactory, your medical negligence solicitor can initiate court proceedings. A ‘Particulars of Claim’ will be drafted and submitted to the relevant local court, and the defendant will have to respond within 28 days. The court will notify both parties involved of a court hearing date, which will usually be around 18 months from the date of the defendant’s response to the proceedings.

However, most claims that reach this stage are usually settled out of court before the eventual trial.

• Pre-trial Settlement

As you await the trial in court, your solicitor will negotiate on your behalf to agree on a settlement fee. An agreement is usually reached at this stage, and if this happens in your case, there will be no more need for a court trial.

• Court Hearing

If an agreement cannot be reached before the trial date, the hearing will go on as scheduled. With a specialist medical negligence solicitor behind you, you can still rest assured of a chance of success. Your solicitor will use the medical negligence claim calculator to determine how much your claim could be worth, and this figure will be used both during the negotiation process and court proceedings to get you the compensation you deserve.

Funding a Medical Negligence Claim

There are different funding options for medical negligence claims in the UK. These include using legal expenses insurance, legal aid, and the medical negligence no-win no fee agreement. The no-win no-fee agreement is the most common option as you wouldn’t have to pay any legal fees at the beginning of the claim. This agreement requires that you only contribute towards the expenses if your claim is successful.