No Win, No Fee Claims Specialists
If you're looking for real guidance and care from the UK's leading experts in medical and clinical negligence claims then you've come to the right place.
Considering the low percentage of positive outcomes recorded from past negligence claims, the benefits of using our legal services when making negligence claims include:
-Getting solicitors who have your best interests first i.e. all negligence claims are handled with sympathy, care, and complete professionalism.
-Obtaining legal services that are provided by a team of the most effective and suitable medical and legal specialists.
-Obtaining legal advice on how to pursue your complaint through the healthcare system which includes professional assistance with the complaint drafting process.
-Obtaining expert advice on all possible outcomes of your medical negligence claim.
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According to estimates reported by the Department of Health, it is noted that the outcome of approximately ten percent (10%) of hospital inpatient admissions tend to be adverse, but less than 2 percent (2%) of all medical negligence claims that are handled by the National Health Service Litigation Authority result in court action. It is for this reason that individuals within the United Kingdom inform themselves on what constitutes medical negligence in the United Kingdom as well as the best course of action they ought to take in order to receive compensation for their suffering.
Loosely defined, medical or clinical negligence refers to the breach of the duty of care by a healthcare professional. The phrase duty of care’ refers to the legal obligation for healthcare professionals to perform their duties and provide medical services to the best of their ability. When an individual seeks medical assistance for a healthcare professional, they are in essence entrusting the professional to provide them with the best medical care and attention.
Should an individual suffer from any negative effects following their treatment, the patient (claimant) has to prove fault and avoidable harm to demonstrate that the medical professional’s failure to undertake their responsibilities caused their suffering.
Fault/ Breach of Duty– These terms refer to the fact that for the type of medical treatment one receives, the care/treatment provided by the medical professional was below the expected standards of care one ought to get from a reasonably skillful and competent specialist.
Avoidable Harm/ Causation– A claimant needs to demonstrate that the professional’s negligent care, rather than their underlying medical condition caused their harm or suffering
There are three main types of medical negligence claims, namely, clinical, dental, and hospital. These types of negligence claims are based on:
-preventable error on the medical professional’s part, caused by minor mistakes (commonly referred to as never events) or simple medical oversights
-incorrect medicines, treatments, prescription and advice errors
-the healthcare professional’s failure to refer the patient to a specialist
Time Constraints involved in Filing for a Medical Negligence Claims
According to UK law, one is required to begin the process of making a compensation claim for their medical negligence case before three years elapse after the date when one’s injury is discovered to have been caused by a healthcare professional’s low standard of care. As such, it is vital to acquire expert legal advice soon after the medical negligence takes place in order to ensure that proper steps are taken when a full investigation of one’s case is undertaken. This is because some of the evidence medical negligence cases rely on the claimant’s memory, and it is best to have these details recorded when they can be vividly remembered by the patient.
Although proving fault and avoidable harm may appear to be relatively easy, it is worth noting that the processes involved can be difficult particularly when an individual was already ill. Further compounding the complexity of medical negligence claims is the fact that there have been numerous cuts and changes within the NHS as well as the private sector.