Medical Mistake Claims - Simpson Millar LLP
Medical Mistakes, errors, problems - Clinical Negligence claims solicitors

Medical Negligence Claims Process

It pays to be conversant with what happens in Medical Negligence claims if you're ever likely to be pursuing an action. Below you'll find a guide to the claims process.

First steps – Investigation and Assessment

You have to demonstrate that:

  • You've encountered negligence or breach of duty, and
  • It's caused you loss and damage

If the facts are clear from the start, you might be able to see if funding is appropriate and to start an investigation into your case straight away.

Can I Get Funding?

Since there's likely to be legal expense, you'll need funding to set in train a claim for Medical Negligence. These are the available options:

  • Funding through a Trade Union
  • Legal Expense Insurance
  • Conditional Fee Agreement ('no-win no-fee')
  • Public funding (legal aid) – NB this is only available for cases of neurological injury within the first 8 weeks eg cerebral palsy
  • Privately
  • Legal aid (due to Government cuts this will only be available after 1st April 2013 for cases that involve neurological conditions e.g cerebral palsy that are suffered during the first 8 weeks of life

What Happens Next?

We'll require copies of appropriate medical records, after which we'll get specialist medical expertise to check:

  • If your treatment was substandard ('liability'), and
  • If this treatment caused you to suffer, or if you'd have had the same problems under any circumstances ('causation')

The expert's assessment enables us to gauge whether a claim for Medical Negligence can be advanced. We also need to account for the future position, along with how you are now and your prognosis.

Although we sometimes only need a single medical opinion, other cases might need several, especially with complicated medical conditions or particularly awkward claims.

As an example of a scenario needing more than 1 expert , think of an A&E department where treatment for an orthopaedic injury was negligent. Reports would be needed from both an expert in orthopaedics and an A&E consultant.

What's in a Claim?

A Medical Negligence claim has 2 parts:

  • Injury and damage that were caused ('General Damages') and
  • Out-of-pocket and similar costs ('Special Damages')

Assessed for both past and future, the Special Damages often form a significant portion of the total compensation, especially if they cover care for the future and loss of earnings.

If the case involves catastrophic injury, various future elements are accounted for, such as care, housing, occupational and other therapies, etc.

Please get in touch if you've any queries about Medical Negligence claims or how to make an NHS complaint.

Talk to us now about your Medical Negligence claim

Please call our Medical Negligence claims team on Freephone 0800 195 8464 or use our Get in Touch form. We'll be back to you soon.

Get In Touch or Call us on 0800 195 8467