How are medical negligence claims investigated?
When you get in touch with one of our expert medical negligence solicitors to discuss your claim, we’ll first ask you to explain exactly what happened, in as much detail as possible.
Our experts will want to know some or all of the following, in order to assess your case:
- When, where and why you had medical treatment
- Any earlier medical problems which could be relevant
- The names of all medical professionals, carers and doctors who saw you before, during and after your treatment.
- What sort of questions you were asked leading to your diagnosis, and what this diagnosis was.
- How much detail you were given about the treatment you were going to have: whether you knew what the risks were, what the alternatives were, and what would happen if you opted out of treatment.
- The details of any witnesses – these can include friends or family.
This can vary depending on the case, but the above questions are a general outline.
Although the statute of limitations on medical negligence cases is 3 years, the sooner you seek legal advice the better – so that as many of the details as possible remain fresh in your mind and the memory of anyone else involved. Additionally, the more recent the incident, the easier your medical records will be for us to find and access.
What happens next?
If, based on the above information, your solicitor feels your case could be successful, the next step is to write to the defendants (the medical professional, or their practice or Commissioning Group). We’ll inform them of what you’ve told us, request access to your medical records for further investigation, and indicate that you believe you’ve suffered negligence and wish to take legal action.
We may even be able to secure a settlement at this stage in the process if your case is particularly strong, as often simply receiving such a letter from a qualified medical negligence solicitor is enough to provoke an admission of guilt. However, in most cases there will be an ongoing negotiation around how much compensation is appropriate given the extent of your injury or illness, the financial impact of it, and how much of it was directly caused by the treatment you received. In this instance your solicitor will be able to negotiate on your behalf to get you the best possible outcome.
If, however, no admission of guilt is forthcoming at this stage, the NHS still has a legal duty under the Data Protection Act to respond to the request for your medical records within 40 days – although they may charge to do so, up to £10 for digital records, and up to £50 for any records which are held manually.
Once one of our solicitors has your records, they’ll examine them in full detail, and will enlist the assistance of a reliable medical expert.
This expert will use your records and your own account of what happened to deliver a report, detailing whether they think there is a case of negligence, and what the probability is that a court will find a link between your treatment and your injuries or illness.
This report may prompt a settlement or open up negotiations with the defendants, or it may ultimately end up being used in court, where a judge and jury will hear both sides of the argument and make a judgement on whether or not you should receive compensation. However, it’s worth remembering that the vast majority of medical negligence claims are settled long before they get to the court stage.
If you feel you have a medical negligence claim and would like one of our experienced solicitors to help you start the claim process, get in touch with us today here.
Need some help?
Am I eligible?
If you have suffered from medical negligence in the past 3 years, the short answer is yes.
However, medical negligence can be complicated, so we recommend that you speak with one of our expert solicitors - It’s Free.
How much could I claim?
As every medical case is different, the amount of compensation paid out can differ. Varying factors lead to the final figure include: Level of negligence, earnings missed out on, future losses and more.
Our experienced team of experts will give you an indication of how much you could potentially claim.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent as possible.
Your solicitor will gather all the evidence and will notify the negligent party of your claim against them. With your dedicated solicitor negotiating on your behalf, you will be kept up to date every step of the way.
Why should you use us?
No Win No Fee
We offer a No Win No Fee* service on all our claims - We assess each claim on its merits with the information provided, which aids us to determine its likely success rate. This takes the risk away from you.
Our experienced solicitors are experts in securing compensation no matter the level of negligence.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.
Personal Dedicated Solicitors
On contact, you will be allocated your own expert Medical Negligence solicitor who will be there every step of the way. You will be provided with a direct phone number and direct email address of your solicitor.
Expert clinical negligence solicitors working for you
We specialise in helping victims of medical negligence claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your case, you don’t pay! Once you make contact, your experienced solicitor will work to recover the maximum compensation you are entitled to.
Whether you are ready to make a medical negligence claim, or you would just like a free conversation with a legal professional, we have experts on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back whenever suits you.