Medical Claims
Here we do our best to make your medical negligence claim as smooth and successful as possible.
Whether it is your choice on settlements, compensation amounts or the route to justice, your decision and feelings should come first.
Read on to find out more about how we help you.
Are Negligence claims no win, no fee?
The solicitor arrangement for medical negligence claims can vary dramatically and there certainly aren't any fixed rules. This is due to the much more complicated definition of fault in medical negligence cases.
Some medical negligence solicitors operate on a no win no fee basis yet some operate on a conditional fee arrangement.
What is classed as medical negligence?
Medical negligence claims, by their very nature, can be the broadest type of claim in scope. A medical negligence claim can take the form of illnesses and infections as well as injuries and that is why they vary so broadly. The grounding for medical negligence claims lies in fault of the doctor or nurse responsible for the wrongdoing. The medical professional involved must have acted, or omitted to act, in a way that is considered to be out of line with the actions of most other medical professionals in that situation.
It is important to remember that injury, illness or infections arising from an encounter with a medical situation doesn't automatically mean there is a medical negligence claim to be pursued. There is always a certain amount of risk with any medical encounter and this will be factored into the judgement. Only if the professional has acted negligently with regard to that risk will be there be a medical negligence claim.
What can be done for your claims?
Finding people the right solicitor for a medical negligence claim can be difficult and you need to look very hard. As all of the above suggests, medical negligence claims are complicated yet there to be won if you have a case.
Winning a medical negligence case requires a solicitor who specialises in your particular circumstance.
What is vital to your claim?
Although a medical negligence claim is usually much harder to win than any other type of personal injury claim, there are still cases where it is likely there has been negligence and these cases can certainly win. The Pearson Commission found there were 37,000 injuries per year caused from some form of pharmaceutical or medical mishap; of which a minority where as a result of medical negligence. On the other hand, the Harvard Medical Practice Study suggested that 27% of those who incurred injury as a result of medical interventions were victims of medical negligence.
So, judging from these findings and our experience, there are legitimate medical negligence claims and these have resulted in compensation and rightly so. The Pearson Commission found that the majority of medical negligence claims are settled out of court.
In 1996, the National Health Service was believed to have paid out 150,000.000 to compensate medical negligence claims. Now that more people understand they have a right to justice and compensation, this figure will have increased dramatically.
As a sufferer of medical negligence, an out of court settlement would be most welcome as the process for gaining compensation and justice will be a lot shorter and less traumatic than going to court.