Medical Negligence Compensation Claims

Here are the questions we are most frequently asked about Medical Negligence compensation claims

What does it cost to make a claim for compensation?

If your claim is successful, your opponent’s insurers will usually have to pay your legal costs in addition to any compensation which you receive.

Making a claim for medical negligence can be funded using any of the following methods. A specialist medical negligence solicitor can go through these options with you to determine the most suitable one for you.

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Legal Aid

Legal aid for medical negligence claims was withdrawn by the Government on 1st April 2013. Most medical negligence specialist solicitors will be able to arrange other funding options, including 'no win - no fee' arrangements.

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No win – No fee

With his type of agreement your solicitor assumes the risk of not winning the case. If you lose, your solicitor does not get paid.

Legal Expenses Insurance

This is insurance that you may already have. It is sometimes included with general insurance policies such as home insurance or other financial products.

A specialist medical negligence solicitor can go through these options with you to determine the most suitable one for you.

What do I need to show to win compensation for Medical Negligence?

Medical negligence claims are almost always complex. A specialist solicitor will examine your case and set out a claim based on showing the following 3 factors.

  1. Breach of Duty
  2. Causation
  3. Loss

Your solicitors will have to prove that a mistake was made, the effect that the mistake had and the losses involved.

1. Breach of Duty

All doctors and health care professionals owe a duty of care to the patient. To show that duty was breached your solicitor has to show that a mistake was made in the care that your were given.

The key to establishing breach of duty is whether the health care provider has acted according to accepted medical practice. Your clinical negligence solicitors will have to show that the wrong course of action was taken during your care.

2. Causation

Showing that a mistake was made is not enough to win a medical negligence compensation claim. It also has to be proved that the mistake was the cause of your injury.

Expert witnesses can often be used to look at your case and prove evidence of a link between the negligent treatment and your injury.

3. Loss

This is all about showing the effect that the injury has had on your health and how this will affect you in the future. This could be loss of earnings, expenses incurred as a result of the negligence and quantifying the cost of any future care that you might need.

A specialist Medical Negligence solicitor will be experienced in pulling together evidence for all these factors and showing that you are entitled to compensation for your injury.

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