If you have suffered negligence from a medical professional, whilst under their care, and sustained an injury or ill-health as a result of this care then you might be able to make a claim for compensation.
Medical negligence claims are generally quite complex but that shouldn’t deter you from making a claim if you feel you have a valid case. Here are some of the most frequently asked questions that our expert Medical Negligence team receive:
Clinical & Medical Negligence FAQs
What evidence do I need to make a Medical Negligence claim?
For a medical negligence claim to proceed and ultimately be successful, you need to prove that the medical professional’s duty of care to you has been breached, and then secondly that this breach has contributed to your injury or ill-health, which has then resulted in a ‘loss’.
What can I claim for?
There are two main categories of compensation that you can recover in a medical negligence claim, which are:
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General Damages
‘General Damages’ is compensation awarded for pain, suffering and loss of amenity. Simply, this means the inability to complete activities, either temporarily or permanently, after the injury sustained from the negligent medical care, which could be undertaken before, such as being unable to undertake certain hobbies or pastimes.
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Special Damages
‘Special Damages’ are designed to compensate you for the financial losses and expenses incurred as a result of your injury. The aim is to put you back in the financial position you would have been in, had the medical negligence not occurred.
A person who has experienced an injury or ill-health has a duty to take reasonable steps to minimise their losses and/or expenses.
How long will my Medical Negligence case take?
The time it can take to conclude a medical negligence claim varies depending on the type of claim, the severity of the injuries sustained by the claimant and whether the medical professionals admit liability.
On average, medical negligence claims take at least 12 to 18 months to conclude.
How will I fund my Medical Negligence case?
There are various options which may be available to you to fund your medical negligence claim, including:
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Conditional Fee or “No Win, No Fee” Agreement
The most common way of funding a claim is a Conditional Fee or “No Win, No Fee” Agreement, which generally allows you (the Claimant) to make a claim based on the principle that if you win your case your opponent normally pays the legal costs in addition to their own costs.
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Legal Aid
Legal Aid is only available in certain medical negligence claims, which are cases that involve children who have suffered an injury from birth as a result of medical negligence.
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Legal Expenses Insurance
Legal expenses insurance refers to any pre-existing insurance policy that you have prior to the injury, such as house or life insurance, that would cover your legal expenses in the event of a medical negligence claim.
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Private Funding
This means that you pay your solicitor incrementally for the work they have done for you. If your claim is successful then your solicitor will recoup their costs from the defendant and you will keep all of the compensation. However, should you lose your claim you will most likely be liable for both your solicitor’s fees and those of the other party.
Are there any time restraints on making a Medical Negligence claim?
Generally, when it comes to medical negligence claims there is a 3 year time limit to make a claim. This will either be from the date that the negligence took place or when you first became aware of it.
For claims relating to those under the age of 18 years old, the 3 year limitation period will start to run on their 18th birthday and expire when they become 21 years old.
How Nelsons Can Help
Danielle Young
is an Associate in our expert Medical Negligence team.
If you think you have suffered an injury as a result of negligent care you have received from a medical professional then you should seek professional advice from a solicitor. Please call 0800 024 1976 or contact us via our online form for more information.