Medical Malpractice

Clinical and medical negligence claims are very different from personal injury claims in that they oblige the Claimant to prove two points;

  • The fault – That your medical health care professional was involved in a breach of duty and you were not treated in the way you could hope to be treated.
  • Avoidable Harm/Causation – That their substandard treatment is what caused you to be in the position you are currently in. You need to prove that the negligent care caused you harm rather than the underlying condition.

Medical/Clinical Negligence -Time Constraints

Claimants are usually required to file a compensation claim within three years of the date of their injury or of the date when they first discovered that their injury was the result of medical or clinical malpractice.

It is very important to get expert advice as soon as possible after the medical/clinical malpractice took place. This will mean proper steps can be taken to investigate your case fully at the earliest opportunity.

No Win-No Fee – Medical/Clinical Negligence Claims

About 97% of our medical and clinical claims are funded through a conditional fee agreement, more commonly referred to as a No Win, No Fee agreement.

Stanley House Solicitors offer a free consultation to help you understand whether or not you qualify for a compensation claim under a CFA (Conditional Fee Agreements). You may have a legal expense cover on any of your insurance policy and if not then we will obtain an After the Event (ATE) insurance policy to cover adverse costs.

It is significant to ask your Clinical Negligence lawyer about these options so you don’t have to worry about costs.

If your claim is successful, the side paying your compensation will also be responsible to pay your legal costs (in all cases). If however, your claim is run under a CFA and is unsuccessful, you are not liable for any of the legal costs. And with Legal Expense Insurance cover under your policy or an ATE policy, your case will be regularly reviewed by the Legal Services Commission and they will decide whether the chances of the case succeeding merit continuing with it.

Preparing for a Clinical Negligence Claim

Your solicitor will want to investigate your case in depth in order to fully understand the impact that the negligence has had on your life and to ensure that any compensation you receive is sufficient to cover your future needs.

Preparing a clinical negligence claim may take time as the process involves taking detailed statements, obtaining copies of your medical reports, X rays and seeking expert opinion. Ensuring that these are done properly with due diligence may take some time.

All this will improve your chances of winning the claim. The lengthy process should not deter you from making a medical/clinical negligence claim if you want to. Your Stanley House Solicitor will arrange all this for you, so you don’t need to worry.

The Clinical Negligence Claims Process

Irrespective of whether you start a compensation claim, you (the claimant) are entitled to make a written complaint about the substandard treatment you received either on the NHS or privately. Your solicitor will advise you on how to go about it. It’s better to make a formal complaint within six months, best not to delay.

Areas of Clinical Malpractice Expertise

Our solicitors have successfully represented clients in the following areas of Medical Malpractice Claims.

  • Amputation Compensation
  • Anaesthetic Awareness Claims
  • Birth Injury Claims
  • Cancer Claims
  • Brain Injury Compensation
  • Cosmetic Surgery Claims
  • Care Home Claims
  • GP Negligence Claims
  • Dental Negligence Claims
  • Hospital Negligence Claims
  • Surgery Claims
  • Medical Errors

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