How to claim for medical negligence
Whilst everyone hopes that they will never need to make a medical negligence claim, should the time come, it could be helpful to have an idea of what to expect should you find yourself or a loved one in this position. Below, we explore how to claim for medical negligence, setting out the process and providing an idea of what to expect.
In the meantime, read our article entitled ‘how to choose a medical negligence solicitor’ for more detail around what constitutes a medical negligence claim and what to look for when choosing legal representation.
Do I need to do anything before I bring a claim forward?
Before we go through how to claim for medical negligence, you should consider these three questions:
- How will I pay my medical negligence solicitor’s fees at the end of the process?
- How will I pay expenses like court fees and / or doctors’ fees?
- How will I pay my opponent’s fees if I lose?
Will it cost me to make a claim for medical negligence?
When considering how to claim for medical negligence, it is important to have a full picture of the process at the outset. Whilst the approach varies across different law firms at Thompson Smith and Puxon we undertake a free initial evaluation of your potential claim, in person or over the telephone. Please note that we may need additional information from you to carry out this assessment, such as medical records or correspondence linked to your complaint.
If we feel your claim is strong enough to take forward, we will discuss the different funding options available to you, as well as highlighting any potential costs that may be involved. There are several ways in which a claim can be funded including a conditional fee agreement (CFA) or on a ‘no win no fee’ basis.
How long do I have to claim for medical negligence?
In the UK, you have three years from the date the incident of medical negligence took place - either when you became aware of the negligence or first began experiencing symptoms - to start a claim. This timeframe is known as the ‘limitation period’. When considering how to claim for medical negligence, it’s worth noting that some people are exempt from the limitation period, including children under 18 and those who lack mental capacity.
Will I need to go to Court?
It is unlikely but you should be prepared for this alternative when exploring how to claim for medical negligence.
How much compensation will I receive?
Lost income, the cost of aids, adaptations and equipment, and the cost of care are all things that will be taken into account when assessing your claim. When considering how to claim for medical negligence it is important to remember that damages are awarded based upon the duration and intensity of pain and suffering experienced by the claimant. Therefore the assessment is highly subjective. Expert medical evidence obtained during the course of a claim will assist but the onus will be on the claimant to show the impact of the injuries on their quality of life.
What happens after my claim is settled?
Usually, once a claim has been settled, this will mark the end of our involvement. However, every client’s situation is different.
In cases where the settlement monies are for a minor (anyone under the age of 18) or for someone who lacks mental capacity, funds will need to be managed – something which can be done by working with the Court or setting up a Trust.
TSP can help claimants with the following matters:
- Setting up a Trust for a child
- Court of Protection advice
- Property Advice
- Deputyships
- Creating or updating your Will
By calling upon the expertise of our specialist Wills, Estates and Probate colleagues, we will be able to help you to identify the steps you need to take to protect your family’s future, all under one roof.
Why Thompson Smith and Puxon?
TSP has, for many years, been recognised regionally for its excellent clinical negligence practice. With one of the largest and most experienced medical negligence teams in the Eastern region it remains the only specialist clinical negligence practice in Colchester and the surrounds.
To help you understand how to claim for medical negligence, the team offers a free initial consultation. Our offices have car parking and easy access to ground floor meeting rooms, beneficial for injured or disabled people. For those clients who might find it difficult to come to us, we also offer home or hospital visits and regularly see clients at our Clacton office.
Who is in TSP’s medical negligence team?
When considering the process of how to claim for medical negligence, it can be reassuring to know who will be able to support you through this challenging time.
Thompson Smith and Puxon has a long established and respected medical negligence team headed by Steve Webb, an APIL member, former Law Society accredited personal injury specialist and former APIL senior litigator, with over 35 years’ experience of personal injury claims.
Steve is supported by a solicitor and director, Hasina Choudhury, who is deputy head of PICN, a Law Society Accredited clinical negligence specialist. She is also an AvMA accredited clinical negligence panellist and AvMA volunteer, with almost 20 years qualification and experience in clinical negligence matters.
Senior Associate Diana Infanti has in excess of 20 years’ experience in clinical negligence (and 20 years of nursing experience) and is also an APIL member.
Senior Associate Kim Huggins and chartered legal executive Stacey Anderson also form part of the team, alongside medical claims advisor, Dr Paul Bromley, paralegal Julie Webb and professional support paralegal Jodie Wilson.