Your Guide to a Medical Negligence Claim

Am I the victim of clinical negligence?

If you have received treatment from a doctor, dentist or other healthcare professional which was of an unacceptable standard, then you may be entitled to claim compensation. The standards by which actions are judged relates to the ordinary skill of a competent professional in that particular field. Even if a doctor made an error of judgement it is necessary to show that no reasonable and competent member of the profession would have made that same mistake. It then has to be shown that the negligence by the healthcare professional caused a temporary or permanent injury to you. If you feel this applies to you then you may have a clinical negligence claim. The law is this area is very complex and it is important you speak to a solicitor specialising in medical negligence claims.

How a clinical negligence claim works

If you think you have been a victim of clinical negligence you should contact us as soon as possible. We are a specialist firm of solicitors who are experts in bringing medical negligence claims. We are authorised by the Legal Services Commission to undertaker claims on a legally aided basis and are members of the specialist body Action against Medical Accidents.

In readiness for speaking to us you should consider the following details:

• the personal details of the person who has received the negligent treatment
• the names of the doctors/ specialists who have provided treatment
• the addresses of all doctors surgeries and hospitals where treatment has been provided
• the dates the treatment was provided

After discussing the case with you, we will be able to:

• advise you how your claim will proceed and the likely outcome of the claim
• discuss appropriate funding methods with you
• explain the potential amount of compensation you could expect to receive
• advise you on the potential difficulties and strengths with your case
• give you a timescale with regards to how long things could take

The first step for us to take will be to obtain the medical records detailing all the treatment that has been provided to you. We will then instruct a medical expert to look at your case. They will look through your medical records and may also meet and examine you. The medical expert will then produce a formal report setting out their view on the treatment you have received and whether in their professional opinion there has been any negligence.

How much compensation will I receive?

If your clinical negligence claim is successful you will receive compensation. Compensation can be claimed for not only the pain and suffering caused to you as a result of the injuries but also the impact of these upon your life including:

• loss of earnings for the past and future
• assistance required with household tasks, DIY or gardening
• medical care and assistance
• the cost of any necessary changes or special equipment for your house or car

As specialist solicitors we have access to a network of experts who can assist in analysing the circumstances of any potential claim and report upon the both the injuries you have suffered and the financial claims to ensure you achieve the best settlement possible.

Head Injury UK will offer you a free, no obligation one hour interview to discuss all aspects of your potential medical negligence claim. In certain circumstances our solicitor will travel to your home address to see you.

How will my claim be funded?

At the first free interview we will discuss with you how your claim can be funded. There will be a number of options to be considered:

Legal expense insurance

Household contents and motor vehicle insurance policies often provide legal expense insurance cover for taking action in claims for clinical negligence. This would mean that the costs of pursuing the claim would be funded by your insurance company. You should look at your insurance policy and telephone your insurance company to see if this is a possibility.

Trade union assistance

If you or your partner is a member a trade union, this sometimes entitles you to qualify for legal assistance for a clinical negligence claim.

Legal Aid

Head Injury UK are approved by the Legal Services Commission to undertake work on a legally aided basis if you meet the assessment criteria in terms of your financial position and the merits of the claim. We will discuss with you the legal services requirements and if you meet the criteria, will complete the appropriate forms on your behalf to make an application for legal aid. If you or your partner are in receipt of job seekers allowance, income support or pension credit, you will normally satisfy the financial requirements for legal aid. Legal aid will only be granted to someone who has less than £8,000 worth of savings and less than £100,000 worth of equity in their house. This is calculated by taking the market value of your house and deducting the amount left on your mortgage. Sometimes you may have to pay a monthly contribution to the legal services commission. We will discuss this with you at the meeting. If the claim is on behalf of a child they will normally receive legal aid as only the child's income and assets are taken into consideration.

No win no fee agreement

If none of the above funding options are appropriate to your circumstances we will discuss with you whether your claim could be pursued through a conditional fee agreement. This is an agreement where if you are successful you receive 100% of your compensation but there are no charges to you if the claim is for any reason unsuccessful. The law states that the "winner" in legal proceedings should pay the "loser's" costs of bringing the claim. If we are successful in your case we will therefore recover our legal fees together with any costs such as medical report fees, from the other side. If we are unsuccessful in bringing the claim, then we will not charge you any legal fees but you still will be responsible for paying for the cost of the medical reports and any other disbursements incurred. We will give you a clear indication of what costs your case will involve before you decide whether you wish to pursue a claim.

For more information on pursuing a claim for compensation see our guide to clinical negligence claim.

Head Injury UK have specialist solicitors who will be able to advise with regards to a claim for medical negligence compensation. We will always offer a free initial consultation to discuss the claim and answer any queries you may have.