Medical Negligence Compensation Claims
We are fortunate in England to have the NHS, which most of the time provides excellent care. However, from time to time things do go wrong and mistakes are made.
If a mistake has led to you suffering an injury whilst in the care of a Doctor, Nurse, Hospital or any other health care provider, whether in the NHS or private, you can claim compensation. This can also include things such as dental injuries and cosmetic surgery injuries.
We are specialists in claiming compensation for victims of medical accidents and clinical negligence.
Below is more information on what in involved in claiming compensation for medical negligence. Please contact us for more information.
What do I need to show to win compensation for Medical Negligence?
Medical negligence claims are almost always complex. A specialist solicitor will examine your case and set out a claim based on showing the following 3 factors.
- Breach of Duty
Your solicitor will have to prove that a mistake was made, the effect that the mistake had and the losses involved.
1. Breach of Duty
All doctors and health care professionals owe a duty of care to the patient. To show that duty was breached your solicitor has to show that a mistake was made in the care that your were given.
The key to establishing breach of duty is whether the health care provider has acted according to accepted medical practice. Your clinical negligence solicitors will have to show that the wrong course of action was taken during your care.
Showing that a mistake was made is not enough to win a medical negligence compensation claim. It also has to be proved that the mistake was the cause of your injury.
Expert witnesses can often be used to look at your case and prove evidence of a link between the negligent treatment and your injury.
This is all about showing the effect that the injury has had on your health and how this will affect you in the future. This could be loss of earnings, expenses incurred as a result of the negligence and quantifying the cost of any future care that you might need.
A specialist Medical Negligence solicitor will be experienced in pulling together evidence for all these factors and showing that you are entitled to compensation for your injury.
What is No win – No fee?
We may take your case on a ‘no win-no fee’ basis. With this type of agreement your solicitor assumes the risk of not winning the case. If you lose, your solicitor does not get paid and you will not be liable for any legal fees.
What is Legal Expenses Insurance?
This is insurance that you may already have. It is sometimes included with general insurance policies such as home insurance or other financial products.
A specialist medical negligence solicitor can check any existing policies you may hold and go through these options with you to determine the most suitable method of funding your case.