I have just gone through a horrific experience
at my local hospital. How do I find out if I have a clinical
negligence claim?
To make a clinical negligence claim you have to show that
someone else is to blame – at least in part – for the injury and
distress you have suffered. Even if you have had an extremely
unpleasant experience at the hands of a health professional this
doesn’t automatically mean that you will be able to successfully
claim for compensation. Clinical negligence is a very complex area
and the best thing to do is phone one of our specialist solicitors
for a preliminary discussion of your specific circumstances. We can
then advise you on whether or not you should pursue your claim.
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Is there a time limit for making a
claim?
Yes, although the rules are a little
complicated. Normally, the time limit for bringing a clinical
negligence claim to court is three years from the date you were
injured but there are some exceptions to this rule. For example, if
the case relates to a child then the three-year timescale will not
start to run until their 18th birthday, even if the
injury occurred several years previously. Special rules also apply
to people who suffer from a mental disability and are incapable of
managing their own affairs. However, we would always advise you to
seek help as soon as you can in any potential clinical negligence
claim. Whatever, your own personal circumstances, one of our
solicitors will be able to advise you on any special
regulations.
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I have been unable to work since I came out of
hospital. How can I afford to fund my claim?
Funding a legal action through the courts
yourself can be expensive. However, if you have a very good case
then you may wish to consider it since, if you prove your claim,
then not only will you receive compensation, but the other side may
well also have to pay your legal costs. Where you cannot afford to
take the risk, however, other options could also be available. You
may be eligible for public funding (‘Legal Aid’) for your clinical
negligence case if you meet the Legal Services Commission's
financial criteria. Alternatively, if we think you have a strong
case, we may be able to agree a conditional fee arrangement with
you (sometimes known as ‘no win, no fee’). Once you have contacted
us to discuss your specific case in more detail, one of our
experienced clinical negligence solicitors will also be able to
talk you through your funding options.
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I’ve been told that I have a very strong
clinical negligence case and I’m hoping to get compensation. The
problem is, I need the money now to make alterations to my home and
pay bills relating to my injury. Will it take a long time to come
through?
The first stage of any claim is for us to make
a thorough investigation of your case. How long this takes varies
from case to case and can actually take longer than the legal
proceedings. However, it is important that this investigation is
thorough so that your claim is presented as forcefully as possible.
The length of the investigation depends on how helpful the health
authorities are, how well your case has been documented, and, of
course, how complex your individual situation is. Once this is
complete we will then send a letter setting out your claim to the
doctor or health trust concerned. They then have three months to
respond. At this point some cases can be settled, if the doctor or
hospital accepts liability. Otherwise we will start court
proceedings against them and a date will be set for trial.
Fortunately, if the insurers admit a measure
of liability – as they often do – we are frequently able to get our
clients a portion of their eventual payment in advance to help with
rehabilitation and adaptations. Once we’ve learned more about your
individual circumstances, our experienced clinical negligence
lawyers can advise you further.
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My father died as a result of complications
following recent medical treatment? I am sure it was the hospital’s
fault. Can I make a claim on his behalf?
As a close relative, you can make a clinical
negligence claim on his behalf. Claims following the death of
someone close would be for so-called ‘bereavement damages’, or
compensation for the loss of a loved one. In addition, it may be
possible to claim for loss of financial support if you were a
dependent of the person who died. This is a complex area and you
will need to contact us as soon as possible so we can help you
consider your options.
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