How to choose a medical negligence solicitor
When considering how to choose a medical negligence solicitor there are a number of things to keep in mind. Claims are often difficult and prolonged and the sensitive nature of making a medical negligence claim often involves sharing extremely personal information. As your medical negligence solicitor will be with you throughout this period, you need to choose a professional you can trust and that will support you through the experience with sensitivity, care and compassion.
In this article, Thompson Smith and Puxon examines some of the key points to keep at the forefront of your mind when navigating the complex process of how to choose a medical negligence solicitor and answer some common questions for those deciding whether or not to make a claim.
What are the most common types of medical negligence?
Negligence types are far ranging. Many claimants seek legal advice after a negative experience in hospital, perhaps as a result of surgery or a traumatic childbirth or ambulance service. Others make claims about care they have received from their GP, dentist or gynaecologist. You can also make claims in relation to delayed or misdiagnosed cancer, fatal accidents or care home negligence. The nature of your claim will impact the criteria you consider when determining how to choose a medical negligence solicitor.
Why make a medical negligence claim?
There are many reasons individuals make medical negligence claims. Securing compensation can help you manage the financial fall out of a life marked by disability or loss. Whilst a financial settlement can be a part of the bigger picture, often individuals are motivated by a desire to seek justice, to hold others to account and to protect others from facing the same experiences. It can also be part of a process of closure, getting answers to what went wrong.
What does a medical negligence solicitor do?
A medical negligence solicitor specialises in legal claims related to poor medical care. They meet with individuals to understand the events leading up to an injury in order to determine whether a case has merit. They will be looking to establish three key elements namely that: 1) the healthcare provider owed you a duty of care; 2) that there was sub-standard care e.g. the care you received fell below the standard expected of a reasonably competent practitioner and 3) that harm was caused by this failure to provide proper care, to the extent you were adversely affected.
From here, they will assess any evidence, review your medical records (enlisting the help of third party experts where necessary) and build a case to support your claim. They will deal with the communications and negotiations between you and the defendant (hospital, NHS, trust or medical professional) and seek a settlement.
There are many different ways to pursue your claim, including “no win no fee” arrangements but your solicitor will explain the process to you and highlight your rights. All of these factors have an impact on how to choose a medical negligence solicitor.
What should I consider when choosing a medical negligence solicitor?
When deciding how to choose a medical negligence solicitor, start with the basics. By checking the Solicitors Register or the Law Society Find a Solicitor website you will be able to view solicitors by location, to find out whether they work for a regulated firm and are actively practising and be able to confirm that they do not have any regulatory actions outstanding against them.
You can also check out directories like the Legal 500 to see which law firms are the best in your region. TSP is recognised as having one of the leading clinical negligence teams in Essex by The Legal 500 UK, which provides a definitive guide to the best law firms in the UK.
When reflecting on how to choose a medical negligence solicitor it is also a good idea to ensure they are accredited. At TSP have a highly skilled specialist team which is APIL, AvMA and SCIL accredited. We are members of Action against Medical Accidents (AvMA - the charity for patient safety and justice) and Hasina Choudhury has a seat on the AvMa panel. She is also a member of the Law Society Clinical Negligence Panel and is accredited by the Association of Personal Injury Lawyers (APIL). Researching your solicitor to see what memberships or affiliations they hold might also help you feel confident in your choice of legal representation.
If deciding how to choose a medical negligence solicitor, geography is also worth considering. It might be important to you that your solicitor is close to your home, so you can have face-to-face meetings. Alternatively, you may want to look for a firm that offers home visits.
If you or someone you care about would like some advice, please call our experts today on 01206 574431 or email enquiries@tsplegal.com.