Frequently Asked Questions
Do I have a claim?
In order to succeed in a claim for medical negligence you need to prove that the treatment that you received fell below a reasonable standard of care that could have been expected of a reasonably competent doctor in his or her field, at that time, and that as a result of that negligent treatment you were caused injury, loss or damage.
Not all medical accidents are the result of negligence. We will need to instruct an independent medical expert to prepare a report on the treatment that you have received. If the evidence shows that the doctor acted in a way in which is acceptable to a responsible body of doctors in the same field then this will be a valid defence and the claim is unlikely to succeed.
Don’t all doctors stick together?
Medical experts are required to be impartial and they have a duty to the court rather than the party who instructs them and so if you have received treatment of a poor standard then it should be possible to identify an independent expert in the appropriate field who will be prepared to say that your care was substandard.
How much is my claim worth?
If we can establish that you received negligent treatment and that that caused you an injury you can recover two types of compensation:
1. General damages – these are intended to compensate you for your pain, suffering and loss of amenity. The more severe and long lasting the effects of your injury, the more compensation you will receive.
2. Special damages – this refers to your out of pocket expenses. In addition to general damages you are entitled to claim for money that you lose or expenses that you have incurred as a result of the injury, whether in the past or in the future. For example, if you have been unable to work then you will be able to claim for your lost earnings. If other people have to care for you then there will be a value placed on this, even if you do not pay for it.
How will I fund my claim?
You may have the benefit of Legal Expense Insurance; this would need to have been in place at the time of the incident.
You may be a member of a union that will fund investigating your potential claim.
Failing that, you may be entitled to public funding (Legal Aid), although your means will have to be assessed and you need to qualify financially. It is also necessary to establish that there are reasonable prospects of your case succeeding and that the cost of investigating your claim will not outweigh any damages that you are likely to receive.
If you do not qualify for legal aid then we may be willing to consider taking your case on the basis of a no win no fee agreement (CFA). We will need to consider the facts in relation to your specific case before advising of this option.
Finally, you can proceed by paying the costs on a private paying basis.
For further information please see our ‘How do I fund a claim’ section.
Is there a time limit for bringing a claim?
Yes. Generally, a clinical negligence claim must be brought either within 3 years of the date of the accident or, if you did not become aware of your injury straight away, 3 years from the time that you became aware of that injury.
The 3 year time limit does not apply to children or adults with mental difficulties. For children, the 3 years does not start to run until they are 18. For those who lack capacity, there is no time limit.
If your claim is not brought within 3 years then it is likely that your claim will be statute barred which means you are out of time.
Because of these time limits it is extremely important to seek advice from a solicitor at the earliest opportunity.
How long will my claim take?
It is difficult to say, at the outset, how long your claim will take because it will depend upon a number of factors such as whether or not the other side admit that they are at fault, whether or not you need further treatment and whether the medical expert is able to give a final prognosis.
Generally, more straight-forward cases will settle in 12-18 months. However, more complicated cases can take longer, especially if it is necessary to go to trial to ask the court to decide any issues such as whether or not the treatment you received was substandard, the extent of your injury that was caused as a result of that treatment or the value of your case.
When will the hospital or doctor know about my claim?
We will need to obtain your medical notes and records in order to assess your claim and when we do so we have to give the hospital doctor brief details of the nature of the claim that we are investigating.
What effect will this have on my medical treatment?
This should not have any effect on your medical treatment. If you do experience any difficulties then you should make a complaint. We can advise you about seeking assistance for this.
Shall I make a complaint about my medical treatment?
There is a NHS Complaints Procedure should you wish to make a complaint. If you qualify for public funding then it is likely that you will have to do so before the Legal Services Commission will consider granting funding to investigate your case.
You do not need a solicitor to pursue a complaint, although we may be able to assist. For further details, click here to view our ‘How do I complain about medical treatment’ section.
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