Making a claim for medical negligence can be complicated, and the process daunting. We’ve put together a claims guide to take you through each step, and answer some of the most frequent questions we are asked.
We're fortunate in the UK to have a health service that provides a high quality of care. However, there are occasions when that high standard is not met, and medical mistakes occur.
Unfortunately, such breaches in a medical practitioner’s duty of care can lead to injury, illness or even death. Whether this occurs within the NHS or outside it, it is known as medical – or clinical – negligence, and it’s likely that you would be entitled to make a claim for medical negligence compensation.
Investigating and then litigating a medical negligence claim can be complex. No two cases are the same and although there are set procedures in place to prepare a case for trial, should it get that far, very often there will be numerous matters to consider and deal with that fall outside these set procedures. It is therefore vitally important that you instruct a specialist medical negligence solicitor to ensure your medical negligence claim is dealt with properly.
However, to help you understand what the general process your medical negligence solicitor will need to follow to bring your medical negligence claim to a successful conclusion, we set out below a detailed claims guide.
Funding your medical negligence claim
It’s often difficult early on to know whether the medical professionals involved in your care where negligent and thereby caused you unnecessary suffering. The first thing to do is speak to us; we’ll take a full account from you of what has happened and will advise on whether we think that you have a claim.
Following an initial discussion, if we believe that you may have suffered from medical negligence, we’ll then need to fund your case. Most of the medical negligence claims we pursue are funded by way of a No Win No Fee agreement, though there may also be cases where legal aid, or Before the Event Insurance, is available.
Following the Pre-Action Protocol for the Resolution of Clinical Disputes
The Medical Negligence Pre-Action Protocol is an official procedure which aims to encourage the parties to settle medical negligence claims without the need for court action.
The courts insist that this procedure is followed and if it is not, and a claim is issued in court, then this could have adverse consequences for the party that has not complied with it.
The key Protocol steps are as follows:
Your solicitor will request your medical records from the treatment provider(s).
The treatment provider(s) then have 40 days to send the requested records to your solicitor.
The records are then analysed, and medical expert evidence obtained, if required.
Your solicitor will send the liable medical provider (the defendant) a Letter of Claim, informing them of the basis of your medical negligence claim.
The defendant then has 14 days to acknowledge the letter, and a further four months to provide the Letter of Response.
The parties can then attempt to resolve or settle the dispute before court proceedings are commenced.
If it is not possible to resolve or settle the dispute, or the deadline to bring a court claim is imminent, court proceedings are started, and a judge will be appointed to settle the case.
Find out more about the Pre-Action Protocol for the Resolution of Clinical Disputes, and what happens when claims are taken to court, below.
Slater and Gordon’s medical negligence experts are ready to help you. Contact us online today or call us on freephone 0330 041 5869 to speak to one of our friendly advisers.
Contact our medical negligence team today for support with your claim
If you’ve suffered from medical negligence, you may have the right to claim compensation. We specialise in all types of medical negligence claims, from misdiagnosis or delays in diagnosis to surgical or prescription errors. Watch our video of Anna who was left paralysed after mistakes were made in her surgery.
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I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive.
Mr Q (medical negligence client)
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help.
Mr and Mrs H (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim.
Ms S (medical negligence client)
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive. Mr Q (medical negligence client)
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help. Mr and Mrs H (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim. Ms S (medical negligence client)