If you are considering making a medical negligence claim, using hospital negligence solicitors could really benefit you. A solicitor confident in dealing with a medical negligence case could get you a higher amount of compensation and remove stress during the claims process.
However, knowing how to find the right solicitor can be difficult. Our guide will tell you all you need to know about finding a solicitor and what to look for.
Key Takeaways When Looking For Hospital Negligence Solicitors
- Our hospital negligence solicitors have years of dedicated experience.
- They can help you on a No Win No Fee basis.
- If you have received substandard medical care and this causes harm, you could be entitled to compensation.
- The compensation can include financial losses as well as damages for your injuries or harm.
- There are many different ways medical negligence could occur.
For any questions or concerns about finding a solicitor, don’t hesitate to get in contact with our expert team. You can do this by:
- Calling our 24-hour line on 0800 073 8804.
- Clicking on the WhatsApp chat option on the right of the screen.
- Using the live chat box on the left side of the screen.
Browse Our Guide
- How Can A Hospital Negligence Solicitor Help Me?
- Could I Work With A Hospital Negligence Solicitor On A No Win No Fee basis?
- Do I Have To Use Hospital Negligence Solicitors In My Area?
- Do You Always Have To Use A Solicitor To Make A Hospital Negligence Claim?
- Types Of Hospital Negligence You Could Claim For
- What Are The Benefits Of Working With Legal Expert’s Hospital Negligence Solicitors?
- Learn More About Hospital Negligence
How Can A Hospital Negligence Solicitor Help Me?
A specialist negligence solicitor can assist in many ways, particularly if you don’t know how to proceed with a hospital negligence claim. Some of the ways one of our solicitors could help include:
- Gathering the evidence needed to support your claim.
- Completing the necessary steps contained in the Pre-Action Protocol for clinical disputes.
- Arranging for a convenient independent medical examination so your claim can be valued.
- Making sure that all the claimable damages are added to your claim so that you get the right amount of compensation.
- Negotiating a settlement with the NHS or private hospital responsible for the harm you suffered.
- Bringing their years of legal experience and handling any complex areas of the case or complex points of law.
Bringing a claim against a healthcare professional or professionals can be a daunting prospect, and with the help of one of our solicitors, you do not need to face this alone. They will explain things to you and make sure your case runs to a conclusion as smoothly as possible.
If you would like to work with one of our hospital negligence solicitors, reach out to an advisor for a free case assessment.
Could I Work With A Hospital Negligence Solicitor On A No Win No Fee Basis?
NWNF, which stands for No Win No Fee, allows you to make a claim based on negligent treatment without putting extra strain on your finances. A typical way that NWNF cases are conducted is by offering the client a Conditional Fee Agreement (CFA). Under a CFA you can normally expect:
- No solicitors fees to pay if your claim is unsuccessful (this is where the term, No Win No Fee comes from).
- You will not be asked to pay your solicitor’s fee upfront before work can start on your case.
- Nor will you be asked to pay your solicitor’s fees as the claim continues.
- If your case wins, a percentage of the compensation is paid to your solicitor as a success fee.
Not all hospital negligence solicitors work on a No Win No Fee basis, but we do at Legal Expert. By working with our specialist medical negligence solicitors, you won’t have to pay any solicitor fees if your compensation claim is unsuccessful.
If this sounds like the way you would like to fund your case, get in contact to see if you are eligible to claim.
Do I Have To Use Hospital Negligence Solicitors In My Area?
While you may think it beneficial to opt for local hospital negligence solicitors, the reality is that cases can be conducted over the phone, over email or with video conference calls. The most important thing when selecting a solicitor is that they have the necessary experience to handle your claim. Local medical negligence solicitors may be geographically convenient, but if they lack the experience necessary to help you with your case, they will not be the ideal appointment.
Any independent medical appointment that is needed for your case will be local to you. The same will likely be true for court proceedings. Fortunately, the majority of medical negligence claims do not go to court, though there is always a chance yours might. However, your specialist solicitor will travel to you if there is a need for any in-person appointments. Because of this, you do not have to be restricted to local when pursuing hospital negligence claims.
Do You Always Have To Use A Solicitor To Make A Hospital Negligence Claim?
Legally, you do not have to use a solicitor when making a claim. You can represent yourself and deal directly with the NHS or the private treatment provider. Despite this, we highly recommend you work with a medical negligence solicitor when pursuing a claim of this type.
We have covered the how a hospital negligence solicitor could help you earlier in this guide, but it might be better to think about the following when deciding if you can make a claim on your own:
- Will you know what a fair settlement is?
- Do you know what information should be included when you send your claim to the other side?
- Would you be confident starting a court case on your own and representing yourself at a hearing?
- Do you have the legal knowledge to argue any disputed points with the other side?
Moreover, if you are not a solicitor, you may feel out of your depth as the case progresses. The case law surrounding medical negligence cases is difficult to break down and can become complicated quickly. A specialist clinical negligence solicitor can navigate tricky issues throughout the claims process.
Finally, as mentioned earlier, if you’re concerned about the financial aspect of hiring a hospital negligence solicitor, the solicitors at Legal Expert operate on a No Win No Fee basis. To see if you could potentially claim compensation, you can contact an advisor today.
Types Of Hospital Negligence You Could Claim For
Many types of hospital negligence could lead to a successful claim. To be successful, you must prove the eligibility criteria, which are:
- You were owed a duty of care by a doctor, nurse or other medical professional
- This duty was breached by them delivering substandard care
- As a result, you suffered avoidable harm or injury.
As a patient, you are automatically owed a duty of care by medical professionals. It can be trickier to show that this duty has been breached. To meet their duty, medical professionals must provide you with the minimum correct standard of care. If they fail to do so, and you suffer harm as a result, you will meet the eligibility criteria to claim compensation,
The following are types of potential medical negligence claims, assuming that the care received was below the minimum accepted standard:
- Being wrongly diagnosed, e.g. leukaemia being misdiagnosed as a different condition.
- Being given the wrong medication or wrong dose.
- Delayed treatment for serious conditions that lead to complications.
- Below-standard care when giving birth and birth injuries.
- Becoming ill with MRSA or another hospital-transmitted illness while recovering.
- A severe allergic reaction from being given medication you are allergic to.
- Errors during surgery
- Failing to obtain informed consent.
- Problems with anaesthetia, such as being given too much or too little anaesthetic.
Is There A Time Limit To Claim Medical Negligence Compensation?
You have three years from the time of the negligence to pursue a claim (though there are some exceptions to this). This time limit will begin either on the date of the negligence – for example, if the issue is surgery-related – or on the date on which you became aware of the negligence. This is important as it could be several months before you realise you received a negligent misdiagnosis, for example.
There are some exceptions, namely, if the claimant is under 18 or does not have mental capacity. For children, the time limit does not start until they turn 18 and, as such, have until 21 to begin a claim. For those who lack capacity, the time limit is paused and will only start to run if they recover capacity and, importantly, from the date they recover this capacity.
In cases with those under 18, a litigation friend can be appointed to begin a claim prior to the age of 18. This is a suitable adult who conducts the claim for a person under 18. This can also be done when the injured person lacks capacity so that a litigation friend can begin a claim on their behalf.
If you have any further questions about time limits you can ask and advisor when you get in contact with us.
What Are The Benefits Of Working With Legal Expert’s Hospital Negligence Solicitors?
At Legal Expert, we have large amounts of experience dealing with hospital negligence claims. Our medical negligence solicitors will guide you every step of the way. Making a hospital negligence claim can be a stressful, lengthy process. Having an expert on your side will make things feel that little bit easier.
Our specialist solicitors will let you know the best types of evidence to gather, how to build a strong case, and how to present the details you share for higher amounts of compensation.
Rather than feeling worried about how things are going, choosing to work with our hospital negligence solicitors will mean you feel reassured about your claim and how it’s going.
If you feel ready to go forward with your claim, don’t hesitate to reach out today by:
- Calling our 24-hour line on 0800 073 8804.
- Using the live chat box onscreen.
- Clicking on the WhatsApp chat option.
Learn More About Hospital Negligence
In addition to our guide, you may find the following links useful when researching medical negligence claims.
Internal Resources:
Find out what to do if you have a minor surgery injury.
See how to claim against the NHS for medical negligence.
Read about what to do if you suffered from medical negligence at a walk-in centre.
External Resources:
GMC.UK.ORG – read about the General Medical Council and what they do.
NHS.UK – discover advice for those thinking about making a medical negligence claim.
GOV.UK – find out when you are entitled to Statutory Sick Pay (SSP)
Thank you for considering our guide about using hospital negligence solicitors.
