When you have been let down by medical treatment, trying to work out how to make a claim for medical negligence can make an already stressful situation considerably worse. As specialist medical negligence solicitors, our job is to guide clients through each stage of the claims process, from the first conversation about what happened through to securing compensation that helps them move forward.
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How To Claim For Medical Negligence
• The Initial Steps
The claims process usually begins with an initial enquiry where you tell us, in your own words, what happened and how it has affected you. We will ask you some questions about your medical history, the treatment you received, and when you first suspected that something had gone wrong. At this stage, we can often give you an early indication of whether it is worth investigating your potential medical negligence claim further.
We understand that getting in touch with a solicitor can feel daunting, particularly when you are still dealing with ongoing health problems. We can help by offering clear, practical advice with a human touch. We will explain your options in clear English, and talk you through our no win, no fee funding arrangements. If we believe that your case has reasonable prospects of success, we will discuss the next steps in the investigation process with you.
• Investigating The Claim
Once you decide to proceed, we begin a detailed investigation into what went wrong and whether the legal test for negligence is met. A key part of this is obtaining your relevant medical records from the hospitals, GPs, or other providers involved in your care. We then review these records, alongside your own account and any information from your family or carers, to build a clear picture of events.
In most medical negligence claims, we instruct independent medical experts to provide opinions on whether the care you received fell below an acceptable standard and whether that caused your injury. We can help by identifying the right experts, asking the right questions, and translating their technical reports into straightforward advice. This expert evidence is crucial for deciding whether your case can be taken forward and for valuing the level of compensation you may be entitled to.
• Contacting The Other Side
When the investigation shows that your case meets the legal criteria, the next step is to present your claim formally to the healthcare provider responsible. In most cases, this is done under a specific pre-action protocol for clinical disputes, which is designed to encourage early exchange of information and, where possible, settlement without court proceedings. We can help by ensuring that your claim is prepared thoroughly and that all protocol steps are followed.
We will prepare a detailed letter of claim that sets out the facts, explains why the treatment was negligent, describes the injuries and losses you have suffered, and outlines the compensation you are seeking. The defendant is then given a set period of time, usually several months, to investigate and respond, either admitting or denying liability and commenting on the issues raised. During this period, we will continue gathering evidence about your ongoing symptoms, your care needs, and your financial losses so that your claim can be properly quantified.
• Calculating Your Compensation
Compensation in medical negligence claims is intended to put you, as far as money can, back in the position you would have been in if the negligence had not happened. It can include general damages for pain, suffering and loss of amenity, and special damages for financial losses such as loss of earnings, care and assistance, medical treatment, therapies, equipment and adaptations to your home. We can help by working closely with you, the appropriate medical experts, and, where appropriate, other professionals, such as care or occupational therapy experts to ensure your future needs are fully considered.
• Settlement Discussions And Court Proceedings
If the defendant admits liability, the focus usually shifts to agreeing the level of compensation, sometimes with interim payments to help meet urgent needs while the claim is still ongoing. The majority of medical negligence claims are resolved through negotiation between solicitors or more structured processes like mediation or joint settlement meetings, without the need for a trial. We can help by preparing robust evidence, negotiating firmly on your behalf, and advising you on whether offers are fair.
If liability is denied, or if it is not possible to reach a fair settlement, it may be necessary to issue court proceedings. This does not automatically mean that there will be a trial; most cases still settle before reaching a hearing, but issuing proceedings keeps your claim within the time limits and places it within the court’s timetable. We will prepare all the required documents, such as the claim form and particulars of claim, and will guide you through what to expect at each stage.
If you think you may have suffered an injury because of medical negligence, or you are unsure whether what happened to you amounts to a potential claim, our expert medical negligence solicitors are here to help you explore your options and decide on the best way forward.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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