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Guide to making a medical negligence compensation claim

View profile for Laura Sheehan
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How long will my personal injury claim take?

Sometimes people are unhappy with the medical care they've received or they feel let down by it. Sometimes they feel like they're not receiving the correct treatment and sometimes the treatment they receive leaves them in a worse physical condition.

Some common examples are not being referred for further investigations to diagnose your condition or sometimes you might go in for a routine operation in hospital and you suffer complications during or after the surgery. This can impact massively on a person's quality of life and can lead to questions such as ‘what happened to me and why?’ and ‘what should have been done differently?’. It can be a difficult and daunting process trying to get the answers to the questions that you have, particularly when you're focusing on your recovery, but that's where a solicitor can help and take that burden off you.

How can a medical negligence solicitor help me?

A medical negligence solicitor can help you get the answers to the questions that you have. Often people want to know what happened to them, receive an apology, have that acknowledgement and receive assurances that it won't happen to other people. Sometimes though, people suffer financially as a result of the medical treatment that they've received and it's important that they recover compensation not just for those losses, but also for the physical and psychological injuries that they've sustained.

As part of my role as a medical negligence solicitor, I deal with related new enquiries. I take the time to listen to clients to hear what they think has gone wrong with their treatment, and I advise them about what they can do next. If we think that there is a potential medical negligence claim, then we have a team of specialists with a wealth of experience who can pursue a claim on your behalf.

People are often anxious about speaking to a solicitor. They think that it will cost them a lot of money and they think that they won't understand the legal advice that they are given. The idea of taking some kind of action against a medical practitioner or the NHS can be overwhelming, but just a phone call or an email to us and we can take the worries away and we can get you the help and support that you need.

What is the process if I decide to make a claim for compensation?

When you decide to make a claim for medical negligence, a solicitor will be assigned to your file and they will be your solicitor throughout the duration of the claim. It's really important that you build up trust and a relationship with your solicitor.

We'll collate copies of your medical records and we'll instruct independent medical experts to comment on the care that you received. So for example, if you underwent knee surgery, we would instruct an independent orthopaedic surgeon to comment on whether that care fell below a reasonable standard and caused the injuries you are complaining of. This is the test that the court will apply and it's the test that you have to satisfy in order to recover compensation.

Once we have collated the medical evidence that we need, we'll then put forward your case to the party at fault. We will detail the allegations to them and then they have time to investigate it for themselves. They will either then admit or deny the claim. If the claim is admitted, then we'll seek to value your claim and recover the maximum amount of compensation for your injuries.

In doing so, we'll make sure that not just your physical and psychological injuries are compensated for, but that we recover any financial losses you sustained such as loss of earnings or treatment costs you've had to pay out, and we'll ensure that we recover your past losses as well as any that you will incur in the future.

How can I fund a claim and what will it cost me?

There are a number of different methods of funding a claim for medical negligence. Some people have insurance attached to their household policies or bank accounts. All you need to do is send us a copy of the policy and we'll make all the necessary checks with the insurer for you.

If insurance isn't available, then there is what is known as a no win, no fee funding arrangement, and that is exactly what it says. If your claim for compensation isn't successful, then there is no cost to you. In contrast, if the claim is successful, then whilst the other side will pay the majority of your legal costs, a capped amount will be payable from your compensation which we will explain to you in advance of your case settling.

If you ever feel unhappy or have any concerns about the medical treatment that you've received, then it's important you speak to a medical negligence specialist. At Stephensons, we're experts in that field. People often say that they feel a weight has been lifted off their shoulders when they've spoken to us, and it means that they can focus on their recovery and we can do what we are best at recovering compensation for you.

Our leading team of experts are on hand to offer advice, so please get in touch with us on 0161 696 6165 or complete our online enquiry form and we will contact you directly.

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