Making a Medical Negligence Claims 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.

If you have little or no legal knowledge, pursuing a medical negligence claim can seem like a huge challenge. But it is actually easier than you think; with the right support and advice, you can make the best decisions for your future and receive the compensation you deserve.

For your medical negligence claims to succeed, you are expected to show that the treatment you received was substandard, and has directly caused injury or worsened an existing condition. 

If you have suffered an injury as a result of negligent care by a medical professional in the UK, this article discusses all you need to know about medical negligence claims.

1. Preparing a Medical Negligence Claim – To ensure you receive the compensation that covers all the damages suffered as well as your future needs, you need to hire a medical negligence solicitor. In preparing your claim, medical negligence solicitors will want to fully understand the impact that the negligent care has had on your life, and this can involve obtaining relevant medical records and seeking the opinion of experts. Ensuring a thorough job is done may take some time, but this will increase your chances of success.

2. The Claims Process – Truth is, not every individual affected by substandard medical care is interested in receiving a compensation. In some cases, they may just want a simple apology; sometimes they just want justice to be done, or assurances that no one else suffers the same negligent care. Pursuing compensation claim for medical negligence will only provide you with financial compensation. However, if you wish to explore other options, your medical negligence solicitor will walk you through the process. Regardless of whether you decide to pursue a compensation claim, you are entitled to file a written complaint about the substandard care you received either from the NHS or privately. Yes, you can hold any medical practitioner accountable if you can prove that the treatment provided was below the minimum competence standards. Also take not that there is a six-month window for those who wish to file formal complaints, so it is best you avoid delay.

3. Finding a Solicitor – It is important that you work with an experienced and knowledgeable medical negligence solicitor - one who is a specialist in the field of medical negligence you are making a claim. Through the eye of their experience, they will tell you whether they think you have a case for pursuing a medical negligence claim. If you do, you will be made aware of your legal options every step of the way.

4. Funding the Claims Process – Before now, patients who suffered negligent care by medical professional had the right to legal aid to fund their claims. Since April 2013, however, legal aid funding is now limited to a small number of medical negligence cases. To fund medical negligence claims, you may enter into a conditional fee agreement (commonly called “No Win, No Fee“). This is an arrangement between you and your medical negligence solicitor which means that you will not have to pay any legal fees if your compensation claim is unsuccessful. Sometimes claimants prefer to fund their medical negligence claims privately, though this is quite unusual.

5. Medical Witnesses – The professional opinion of a medical witness is required in most claim cases as this will help to establish medical negligence, the link between the substandard care and the damage, as well as the long-term impact for the individual pursuing the claim. This is why it is important that you work with a trustworthy and experienced solicitor who can walk you through the various hurdles and help you make the right decisions.

6. You Probably Won’t Go to Court –  Only a few cases go as far as a full trial. In most claim cases, the defense offers a commensurate financial settlement to ensure the case is settled out of court. However, you must be prepared for the possibility of a trial, and this largely depends on the facts of your claim.

Pursuing a medical negligence claim can be a daunting task. However, with the right support and proof of negligent care, you can have a great chance of success. Ensure you choose a medical negligence solicitor who is experienced and knowledgeable about your case.