How to make a Medical
Negligence Claim

If you believe you have grounds for a medical or clinical negligence claim what should you do?

The first step is to be sure you have a valid claim. 

To qualify as a medical negligence case, we need to prove the medical practitioner was at fault, and the fault caused you harm or loss. In addition, medical negligence compensation claims must be filed with the court within three years of the harm or injury occurring. There are exceptions to the time limit, for example if you discovered the harm or damage done to you months or years after the incident (the date of knowledge); in any event, it is important to seek advise from a specialist a medical negligence Solicitor.

You may be daunted by the process of making a compensation claim but there is no need to be. We will provide an initial consultation for free, either in person or over the phone, to determine whether you have a valid claim, and will support you each step of the way.

I’m worried about the costs. How will I fund my claim?

Cost is the main concern for most when considering pursuing a claim. However, the vast majority of clinical and medical negligence claims are funded through Conditional Fee Agreement (CFA), more popularly known as ‘No Win, No Fee’ arrangements, which are designed to ensure that there is no financial risk to you. After the initial meeting, your Solicitor will determine if you have a strong claim, and if so, they will not charge a fee if they are not successful in pursuing your claim.

If your Solicitor is successful in pursuing your claim, they will charge the opponent your legal costs. The Solicitor may also charge a ‘success fee’ which will be mutually agreed at the outset – this is a fixed percentage of damages awarded. The details of this funding option will be fully explained, including your obligations under the arrangement, and any potential risks. Your legal advisor will give you a ‘Client Care’ letter which will detail the structure and procedures involved in the claims process.

A client care letter is a requirement insisted upon by the Solicitors Regulation Authority (SRA), the governing body for the legal profession which ensures that legal professionals provide a good standard of care and professional service and conduct. It is important to ensure that your representative is a member of the SRA. This will give you peace of mind that you are receiving sound advice from a regulated professional.

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