How to make a Medical Negligence claim

Healthcare in the UK is among the best in the world and we have come to expect the best care when we need it, from the NHS and private practitioners, from GPs, hospitals, dentists, and medical specialists.  Sometimes, however, mistakes can be made and the results can be serious, life changing or even life threatening.

If you or a loved one has suffered preventable pain, discomfort or illness as a result of errors in medical treatment, you might be able to bring a claim for medical negligence.

You can claim compensation for harm or injuries that, but for the negligence, would otherwise have been avoidable. If you or a loved one require additional care or support as a result of injuries caused by medical negligence, it is possible to obtain the compensation that will enable you to put care and support in place.  Similarly, you can also make a claim to cover financial losses such as loss of earnings.

Steps to making a claim

Making a claim can seem daunting, but don’t worry; we are here to guide you through the process.

Step One

Talk to us, tell us what has happened and let us give you free advice.
  • We will be patient and understanding, and be able to give you free advice.
  • We will be able to tell you if the best course of action is to lodge a formal complaint with either the GP’s surgery or the Hospital Trust where you were treated, or if we believe you have a valid claim for compensation.
  • Time Limits
  • It’s important to contact us quickly, as there are time limits.
  • For adults the limit is three years from when the incident happened, or from when you became aware that there were complications following treatment or surgery (sometimes problems and pain develop much later).
  • For children the three-year limit doesn’t start to apply until their 18th birthday. Their claim can be started at any time until they are 21.
  • If you are helping someone who can’t manage their own affairs because of a mental disability, the 3-year period doesn’t apply until (and unless) they recover from their disability.
  • Where a person dies before their time limit expires, then a new three year period runs from the date of their death.

At the start of your claim, we will discuss the various funding options available. These may include using existing insurance cover you have, a No Win No Fee agreement, or, in some instances, legal aid.

It is always best to seek help and advice as soon as possible. At Patient Protection we’re here to help you every step of the way.

 

Step Two

Evidence gathering
  • Working on your behalf to pursue a claim, we will obtain your medical notes and records, any x-rays and scans, and other relevant information. They will be collated by expert nurses and then reviewed by our specialist medical negligence solicitors.

 

Step Three

Expert Evaluation.
  • On your behalf we will then instruct specialist medical experts to consider whether the treatment was negligent, and if it was; what damage was caused and how this will affect you in the future

 

Step Four

We deal with the defendant’s legal team.
  • We will contact the defendants’ legal advisors and our specialist medical negligence solicitor will aim to secure early admissions of negligence on your behalf.

 

Step Five

Negotiated settlement or court proceedings.
  • Most Medical Negligence cases can be settled by negotiation, meaning that you get the compensation you need and deserve without the need to proceed to a full trial. Court proceedings are only necessary when negotiations stall or are unsatisfactory or where the defendant denies any wrongdoing. Very few cases go to trial.

Medical compensation claims can be lengthy and it is always best to seek help and specialist advice as soon as possible. At Patient Protection we are here to help you every step of the way.

Start Your Claim

 

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