The claims process can be broken down into 4 steps. We will discuss each stage in detail with you as your claim progresses.
Step 1: Free Initial Evaluation of your claim
- We will discuss your potential claim with you over the telephone
- We will assess the strength of your claim
- We may need additional information from you such as your medical records and / or any copies of correspondence between you and the hospital/doctor’s surgery to help us assess the case
- We will let you know if we are able to progress your claim further and will discuss with you the options for funding your claim
Step 2: Instruct Us as Your Solicitor and to Investigate Your Claim
- Once you have instructed us we will investigate your potential claim in more detail
- We will need to see your medical records
- Where appropriate we will instruct an independent medical expert to provide a written opinion on whether the care provided was sub-standard and resulted in harm and injury
- If the report is unsupportive of the claim then, unfortunately, it is unlikely that we will be able to proceed any further with your claim
- If the medical expert’s report is supportive we will obtain a second medical report which sets out your current condition and prognosis (what the future holds) as a result of the sub-standard care received
Step 3: Letter of Claim
- We will write a formal Letter of Claim to the hospital/doctor’s surgery responsible
- The letter will set out our allegations of negligence and the healthcare provider is obliged to respond within 4 months stating whether they admit or deny your claim
- If the healthcare provider admits liability we will begin settlement negotiations in the form of compensation without necessarily needing to go to Court
- If the healthcare provider does not admit liability and denies the claim then the strength of your case will need to be reviewed again to see if it is appropriate to involve the Court. If your case is sufficiently strong we will support you in making a claim through the Court. If not, it is unlikely we can take the case further.
Step 4: Court Proceedings
- Pursue your claim through the Court
- Sometimes, even though the defendant has admitted liability, an agreed settlement cannot be reached. If this is the case, it may be necessary to involve the court
- Once a settlement is agreed it may need to be approved by a judge
To help you understand whether a claim may be possible and to explain the steps in the process the Clinical Negligence team at TSP have put together a comprehensive guide to Medical Negligence claims.
In the guide you will find detailed information about the different types of Medical Negligence claim and what to do if you believe you or a family member have been a victim of Medical Negligence. The guide also provides useful information about the steps in the Claim Process and the different funding options available.