This guide will help you find out information on how to make a No Win No Fee claim and how you don’t need to use the services of medical negligence solicitors near you: our panel of solicitors can work for you from anywhere in the country.
Our advisors can help with any queries you may have. They can help you with details such as how to find a solicitor that suits your needs, the time limit that you have to submit your claim within and how our panel of medical negligence solicitors could help you.
No Win No Fee agreements are a way to help claimants use the services of a solicitor with reduced financial risk. Essentially, these agreements are made on the understanding that a lawyer will not take a fee if the claim fails.
We have professionals to help. If you have a valid claim, our advisors could connect you with the No Win No Fee medical solicitors on our panel today, so why not get in touch?
- Call us on 0800 408 7825
- Contact us via our website
- Use our live chat in the bottom right-hand corner for instant answers
Select a section
- Do I Need To Claim With Medical Negligence Solicitors Near Me?
- Types Of Claims Handled By Medical Negligence Solicitors
- What Percentage Do Medical Negligence Solicitors Take?
- What Should I Do Before Contacting Medical Negligence Solicitors Near Me?
- How Medical Negligence Solicitors Near Me Could Help
- Clinical Negligence Claim Calculator
- Talk To A No Win No Fee Medical Negligence Solicitor
- Questions Related To Medical Negligence Solicitors Near Me
Making a claim with the support of medical negligence solicitors does not have to be completed locally. You can be anywhere in the country to do this, whether online, face to face or over the telephone. You don’t have to be restricted to the services of No Win No Fee medical negligence solicitors near you.
A medical negligence—also known as clinical negligence—solicitor would take the necessary action to fully identify which type of injury you have suffered and whether it was a result of any negligent medical or clinical treatment by a GP surgery, hospital, dentist or healthcare provider, for example. The medical solicitors would then use their knowledge and experience to calculate and work out the correct amount of compensation for you.
It’s important to note that you don’t need to use the services of a solicitor to claim: you can do this alone. However, we believe that legal professionals can offer invaluable support to claimants.
There are many services that medical negligence solicitors could provide. A medical negligence solicitor would gather information to find out if the treatment you received through your healthcare provider, hospital, GP surgery or dentist, for example, was negligent. They’d also consider what injury has been caused or worsened by the lack of duty of care and what you have lost financially as a result.
Types Of Medical Negligence Claims
Medical negligence occurs when a healthcare professional provides substandard medical care. When this leads to unnecessary further suffering or a new injury or illness, you could claim for the harm done.
Here are examples of different types of medical negligence:
Failing to diagnose a condition correctly can lead to unnecessary health conditions and suffering. Sometimes, a misdiagnosis may not be due to the healthcare professional’s negligence. If symptoms are unclear, for example, they may, understandably, incorrectly diagnose your condition.
However, if the misdiagnosis is made despite clear symptoms, for instance, the medical professional may have been negligent. Failure to provide treatment or providing incorrect treatment could mean that injuries or illnesses become life-threatening.
In any walk of life, mistakes can be made. Though mistakes don’t always mean medical negligence, here are some surgical mistakes that could be seen as medical negligence:
- The wrong operation being performed, despite clear instructions to the surgeon.
- The wrong body part being operated on. This is an example of a surgical ‘never event’, which is an occurrence that should never happen because the correct protocols should be in place to prevent it.
- Foreign objects left in the body after the procedure. This is also a ‘never event’.
- Organs being perforated, such as a punctured lung, because standard care wasn’t given.
- Cosmetic surgery causing unnecessary disfigurement and scarring.
- Poor hygiene in the healthcare facility causing infection.
Prescription and Medication Errors
These errors can be classified as mistakes by the prescriber or pharmacist, for instance. This could include:
- The incorrect patient name
- Incorrect prescriber name
- Incorrect prescriber signature
- Omission errors related to drugs, including dosage errors
The majority of prescriptions are processed correctly, although errors can be made. Not all errors will lead to your unnecessary suffering. However, being provided with the wrong medication, or a dangerous dose of medication, due to negligence can lead to serious consequences including:
- Brain damage
- Allergic reactions
- Digestive problems
- Psychological illness
- Death, in some cases
Negligent Medical Advice
Medical professionals should provide you with advice about the risks of procedures and let you know of any other options you may have. This is important so that you can make a decision on whether or not you want to go ahead with the operation.
If they fail to provide this, and you needlessly suffer as a consequence, then you may be entitled to make a medical negligence compensation claim.
Pregnancy and Birth Injuries
During pregnancy, birth or after birth sometimes things can go wrong that can lead to devastating circumstances. If birth injuries happen because of medical negligence, whether to your baby or yourself, you could claim.
The Claims Process
This is how the claims process could work:
- Initial enquiry
- Funding the services of a solicitor (through a No Win No Fee agreement, for example)
- Obtaining records and other evidence
- Attending a medical assessment
- Pursuing a claim in court, though most claims never have to go to court
- Calculating the compensation award
If you like any information on the claims process or types of medical negligence claims, just get in touch.
There is a variety of medical negligence claims that a solicitor can help with. Medical negligence is care given to you by a medical professional that is below standard. It can cause unnecessary injury or worsens an existing condition. Medical negligence could involve:
- Delayed treatment
- Scarred face
- Wrong treatment
- Delayed diagnosis
- Surgical negligence
- A&E negligence
- Childbirth negligence
- Head injury
- Cosmetic surgery / treatment negligence
- Fractures and depression
- Botox-related injuries
If you cannot see your injury or issue above or would like to know if you can claim, please do not hesitate to contact us on the number at the top of the page.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 changed the way No Win No Fee agreements worked. Before this Act, the solicitor would recover their success fee from the defendant. However, because of this Act, the solicitor recovers their success fee from a claimant, only if the claim is successful.
However, The Conditional Fee Agreements Order 2013 put a legal cap on how much the solicitor could take as a success fee. Under a Conditional Fee Agreement (the formal term for a No Win No Fee agreement), the medical negligence solicitor can charge a maximum of 25%.
Figuring out if you have been a victim of medical negligence can be difficult to do if you don’t know the facts surrounding it. It might help to use the formal complaints procedure of the hospital or healthcare provider. The response could help you and your solicitor to understand more about the circumstances surrounding your injury.
It could also help the timescale of your claim if you could gather evidence such as:
- CCTV footage
- Medical notes
Your medical negligence solicitor could help you with the complaints procedure for the NHS or private healthcare provider if you need some guidance.
It is important to know that you do not have to use the services of a medical negligence solicitor near you. Our panel can work for you from anywhere in the country.
There are many ways in which a medical negligence solicitor could help you. For example, they could:
- Give you specialist advice
- Help you to gather evidence
- Help you understand your legal rights
- Give you step-by-step guidance
- Help you gain compensation
It would be very useful if you could collect all the information possible to help with your claim. For example, you could gather evidence such as photos, CCTV or medical notes and then search for medical negligence solicitors near you. If you need any help with this, why not get in touch with our advisors?
For your solicitor to be able to calculate the amount of compensation you could receive, there are many factors to take into account. Here are some listed below:
- The severity of your injury and the type of injury.
- The amount of pain and suffering you have experienced.
- Medical costs, such as the costs of ongoing treatments, medications, and care.
- Loss of earnings, including future earnings and other financial losses caused by the accident.
The Judicial College Guidelines outlines potential compensation brackets for various injuries. Solicitors use this publication to help them when valuing general damages. General damages compensate you for the physical and psychological suffering you endure due to medical negligence.
Injury Addition details Amount
Reproductive System: Female (b) Becoming infertile due to the failure of diagnosing an ectopic pregnancy £31,950 to £95,850
Reproductive System: Female (e) Failed sterilisation that leads you to being fertile again when unwanted. This calculation is where there is no depression or any psychological damage In the region of £9,570
Chest Injuries (a) The most severe case would be serious heart damage or removal of one lung leading to pain and severe scarring £94,470 to £140,870
Bowels (a) Serious damage to the kidneys and the loss of both Up to £172,860
Mental Anguish (e) Emotional stress is a form of mental anguish, fearing death. £4,380
Amputations (a) (i) Loss of Both Legs. If both legs or one leg has been lost above the knee from a high level and the other leg has been lost below the knee. The calculation of compensation will involve the severity of pains, any psychological issues, any side effects, and the chance of any future injuries to the spine and hips. £225,960 to £264,650
Multiple fractures of the bones (b) If there is injury that will cause permanent facial deformity £13,970 to £22,470
Spleen (a) Loss of spleen where there is continuing risk of internal infection and disorders due to the damage to the immune system £19,510 to £24,680
Kidney (a) Serious and permanent damage to or loss of both kidneys £158,970 to £197,480
If you can’t see your injuries in the compensation table above, why not get in touch with our advisors? They can value your claim for free.
In addition to general damages, if you make a successful claim, you could seek special damages. Special damages compensate you for the financial loss your injuries cause. For example, loss of earnings falls under special damages.
In order to prove special damages, you’d need evidence such as bills, receipts or invoices.
If you have been a victim of medical negligence and suffered as a consequence, or you need more advice on whether you have the right to claim or not, you could search for medical negligence solicitors near you.
However, our advisors can cut through the search for you, offering free legal advice. What’s more, they can connect you to our panel if you have solid grounds for a claim. Our expert panel of solicitors can talk you through all of your options. They can also offer you their services on a No Win No Fee basis.
A No Win No Fee agreement enables you to make a claim for compensation with the help of a solicitor, but without the worry of solicitor fees in advance. Other benefits of No Win No Fee include:
- No ongoing solicitor fees
- Only paying the solicitor’s fee if the claim is successful
- If your claim is successful, the success fee is capped by law. What’s more, it comes out of the compensation only after that’s come through.
Please give us a call and we will be happy to listen and guide you through your next steps. Our contact details are below.
We also have some other medical negligence guides you may find useful:
- A guide to medical negligence claims
- How long does a medical negligence case take?
- Do I need to work with medical negligence solicitors near me?
- Sepsis claims
- Claim compensation for being starved of oxygen at birth
- How much money can you get for medical negligence?
- Can I sue my doctor for negligence?
Article by AA