Linda Millband, national practice lead for clinical negligence at Thompsons Solicitors, explains the process of making a medical negligence claim.
How to make a medical negligence claim
We’re extremely lucky and grateful to have access to a healthcare system in the UK. While most of the time people don’t have any problems, sometimes things can go wrong and patients can be harmed as a result of medical negligence.
Medical negligence claims are complex, and therefore, getting the right support and advice early on is important. If you believe you, or your family, have been harmed as a result of medical negligence, our specialist solicitors can support you through the process of making a hospital complaint and a claim for compensation.
Do I have a case for medical negligence?
If you, or a family member, have suffered as a result of a medical professional’s negligence or treatment, you may have a case for medical negligence. You could have a medical negligence case if you have suffered or have been harmed as a result of:
- A medical misdiagnosis: When a medical professional fails to identify and diagnose a patient’s symptoms, or gives the wrong diagnosis and incorrectly diagnoses the patient’s symptoms.
- Surgical negligence: When a surgeon has performed the wrong surgery on a patient and has caused more harm.
- Prescription error: When a medical professional has prescribed the wrong medication or supplied the wrong dosage.
- Birth injury: When medical staff have failed to recognise serious conditions, or if a mother and their baby have received poor care during childbirth, which has resulted in a birth injury.
Can I make a medical negligence claim?
Anyone who believes they have been harmed as a result of negligent behaviour by a healthcare professional, medical treatment or misdiagnosis may be entitled to claim for compensation. The steps below will help you to understand how to make a medical negligence claim and how our solicitors can support you through the claim process.
Steps to making a medical negligence claim
-
The first step to making a medical negligence claim is to get in touch with us. Contact can be made by calling our Freephone helpline on 0800 0 224 224 or by completing our online claim form. Once we have reviewed your details, we will allocate a specialist solicitor to your case who will be with you at every stage of the claims process.
-
It is possible to make a complaint to the hospital or healthcare provider before making a claim. A complaint will help you to investigate what went wrong and determine if anyone is responsible for the outcome.
-
In every medical negligence case, we have to get your medical records to prove medical negligence. At Thompsons, we instruct a medical expert who will obtain your medical records and will gather medical evidence, including any x-rays and doctor’s notes, and compile all the findings into a report which will be presented to the court.
-
If we have to issue the case, we will need to obtain expert medical evidence to support your claim and also instruct a barrister to prepare the court papers. Court proceedings can take some time, but rest assured that we will do everything possible to ensure your case is successfully concluded before the trial date.
Who is responsible for covering the cost of legal fees
At the end of the case, there will be costs incurred from representing you in the claim. At Thompsons, we offer a ‘no win, no fee’ agreement, which means that if your claim is unsuccessful, you will not have to pay a contingency fee for your lawyer’s services. If your claim is successful, we only take up to, but never more than, 25% of the final compensation amount, whereas other law firms will take larger deductions.
If you are a trade union member, contact your representative for more information about the cost of legal fees. You can learn more about our fees and payment options here.
What is the time limit for making a claim?
At the end of the case, there will be costs incurred from representing you in the claim. At Thompsons, we offer a ‘no win, no fee’ agreement, which means that if your claim is unsuccessful, you will not have to pay a contingency fee for your lawyer’s services. If your claim is successful, we only take up to, but never more than, 25% of the final compensation amount, whereas other law firms will take larger deductions.
If you are a trade union member, contact your union representative for more information about the cost of legal fees.
Are you ready to make a medical negligence claim?
If you are in a position to make a medical negligence claim, or if you would like legal advice, contact us today. We have a team of specialist solicitors who are experts in medical negligence claims and can support you through the process of making a claim. Call us on 0800 0 224 224 to discuss your case or complete our online claim form. Alternatively, visit our medical negligence service page for more information.