Make a claim for medical negligence UK
In the UK were a extremely fortunate to have a
Healthcare system that is one of the best in the world.
New efficiency targets and standards of excellence
have been set by the Labour Government since they came
to office in 1997.
There have been considerable improvements in the
service generally. However, because of the sheer volume
of people using the NHS, it is inevitable that not
everyone will have a happy or positive experience.
The very fact that the NHS have tough targets to meet
and a streamlined budget means that staff are constantly
under pressure to perform and the law of averages
dictates that mistakes will happen. If you have been
the victim of a medical error the law in the UK allows
you to make a claim for clinical negligence against the
health professional or local “Trust” that treated you.
You generally have 3 years to make your claim from the
date of injury but this can be extended if you later
learn of (or receive knowledge of) the injury following
further medical advice.
Limitation in this area can be complex and you are
advised to seek a legal opinion on your circumstances
even if the initial 3 year period is spent. In order
to pursue a claim, you must firstly have your case
assessed by a clinical negligence lawyer.
The Law
Society of England & Wales have a select panel of
lawyers / solicitors who are authorised to deal with
these claims. The
Clinical Negligence Panel is a very select group of
specialist lawyers. You must ensure that any lawyer who
you instruct to deal with your case is actually a member
of the panel. This will provide you with an opportunity
to receive the best possible advice and legal
representation.
You will need to consider how best to “fund” your
claim. This means that you will must deal with the
question of how the legal costs in pursuing the action
are to be paid for. There are a number of funding
options because medical negligence claims are treated
rather differently to accident related personal injury
claims in the UK:
You might be entitled to Public Funding (formerly
“legal aid”) which means that your costs and
disbursements (expenses necessary to prove the claim)
will be covered by agreement with the
Legal
Services Commission.
You may opt for a “No win No fee” agreement with your
solicitor. Here your legal representative agrees to act
for you on the basis that they will only recover costs
if / when they win your claim.
You would be liable for payment of any disbursements
and would need to insure against losing the case in
court and having to repay defence costs.
If you are a member of a Trade Union, there may be
provisions within the benefits of your membership to
pursue a claim without incurring costs.
You may have a legal expenses insurance policy which
will cover you for such a claim. These policies are
commonplace with for example Home insurance policies in
the UK.
Finally you may wish to fund the claim privately by
paying your lawyer on an hourly basis. The levels of
compensation can be substantial.
This is mainly because the injury or harm in many
cases can be severe and long lasting. If your claim
succeeds you may be able to claim for future treatment
costs, loss of earnings as well as pain and suffering.
If you have suffered injury in these circumstances,
please contact an authorised lawyer for advice. For
more information about making a
medical negligence claim in England & Wales, please
visit our “Medical Claims UK” claims website.
CALL 0800 0322210 - or if
preferred contact our discreet ONLINE CHAT LINE - or
complete our enquiry form opposite.
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