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Medical Negligence
How to claim clinical negligence
For free initial advice on medical negligence claims call us on
Freephone 0800 358 3848 or email clinicalnegligence@ffw.com
Key questions and answers on making clinical negligence
claims.
Quick links:
Do I have a claim?
In order to be successful in a clinical negligence claim you
must prove both:
- that the care you received fell below the required standard of
care; and
- that this caused you some harm
There are strict time limits, usually three years, in which
legal action should be commenced. This three year period runs
either from the date of the negligence, or from the date you should
have been aware of the injury or claim. Where the patient suffers
brain injury or is a child, special rules apply.
It is not always easy to decide if you have a claim. We can help
you understand whether you have a claim by undertaking some initial
investigations. Please contact Paul McNeil or one of our clinical
negligence lawyers on free phone 0800 358 3848 for free initial
advice.
Making a claim
A clinical negligence claim can be broken down into two stages;
the first is the investigation stage and the second relates to
court proceedings.
Initial Invesitgations
We will usually see you to take a statement from you. Then we
will obtain your medical records and instruct independent experts
to consider whether the treatment you received fell below a
reasonable standard and if so, whether you suffered injury as a
result.
At this stage, we will advise you whether or not you have a case
that is worth pursuing. In some cases we will seek the advice of an
experienced barrister to give an opinion on the merits of your
claim.
We will always consider with you, the results of the initial
investigations and together we will consider the appropriate
steps.
Court Procedure
Our Guide to Medical Negligence Cases sets out the rules for the
pre-action protocol and court procedure.
Although taking a case to Court can be a lengthy process, we
will do our utmost to ensure that your case proceeds as quickly as
possible. Providing there are no hiccups, it normally takes 12-18
months for a clinical negligence case to reach trial from the date
we issue proceedings. Throughout this time, we constantly update
you and consider your case with you.
Many cases are settled because our philosophy is to prepare your
case for trial from the outset.
For more information, please refer to our Client’s Guide to
Medical Negligence.
How much will I get?
If you are able to show that the treatment you received fell
below a reasonable standard and that this caused you harm, you will
be entitled to claim compensation for:
- your pain, suffering and loss of amenity
- quantifiable losses, e.g. earnings, medical expenses etc
- future losses and expenses where there are ongoing needs
Each case is assessed on its own merits. It is impossible at the
outset of the case to advise you how much compensation you will
recover. Much depends upon our investigations into quantum of
damages. We will, however, be able to provide you with a broad
outline at the initial meeting of the likely merits of the
claim.
How do I fund my
claim?
There are four main ways to fund your claim:
- Public Funding (Legal Aid)
- "No win, no fee” (conditional fee agreement)
- legal expenses insurance
- private funding
- public funding
We are one of a small number of firms in the country to be
awarded a franchise for public funding (legal aid) from the Legal
Services Commission.
Public funding will be granted to those whose case merits
investigation if they pass the “means” test. For further details on
Public Funding, please refer to our Client’s Guide to Public
Funding.
“No win, No fee” (Conditional Fee)
We do undertake cases on a “no win, no fee” basis. We will
advise you as to whether or not this is suitable for your claim at
the free initial interview. For further details on Conditional Fee
Agreements, please refer to our Client’s Guide to Conditional Fee
Agreements.
Legal Expenses Insurance
We are instructed by a number of Legal Expenses Insurers. We always
advise that you check your household or motor policies to see if
this covers your claim.
Private Funding
If you do not have Legal Expenses Insurance, and if you do not
qualify on financial grounds for Public Funding, we will provide an
estimate of how much the legal costs are likely to be for the
initial investigations. Once the initial investigations are
completed, and it is possible to assess the merits of your case, it
may be possible to negotiate a Conditional Fee Agreement.
FREE INITIAL ADVICE ON HOW TO CLAIM CLINICAL
NEGLIGENCE
For free initial clinical negligence advice, please
contact Paul McNeil or one of our
clinical negligence lawyers team on free
phone 0800 358 3848 or email clinicalnegligence@ffw.com
We conduct many clinical negligence claims on a "no win - no fee" basis.
For further information on medical
negligence cases, clinical negligence
solicitors, please click on the links.
You can return to the Personal Injury home page by
clicking on the link.