Medical Negligence Solicitors in Chester
When you’ve been hurt by a medical professional you trust, talk to the leading medical negligence solicitors in Chester. The Medical Negligence Experts have a strong reputation for achieving positive outcomes while delivering a high standard of service.
Millions of patients in the UK receive medical treatment every day whether they are seeing their GP about worrying symptoms, getting a prescription filled, or having a routine check up with their dentist. In nearly every instance they receive an excellent standard of care, and their treatment goes as expected. In a small number of cases, however, the level of their care is insufficient, and they are injured as a result.
The Medical Negligence Experts strive to ensure that if this happens, you do not have to suffer in silence. Our team provides expert support and legal advice to help obtain the compensation to which you are entitled. We have experience in handling all types of medical negligence claims – experience we will put to good use to benefit you and your family.
We appreciate that victims of medical negligence have already suffered at the hands of a professional they trusted and we work hard to reassure you that we won’t do the same thing. Where possible, we tailor our service to meet your specific needs, keeping you informed of the progress of your claim without complicating things with unnecessary legal jargon.
Contact The Medical Negligence Experts today to arrange a free consultation with a legal advisor to find out more about the process of claiming compensation and whether you can do so.
What is Medical Negligence?
Put simply, medical negligence is when a medical professional makes a mistake or is sloppy in their care, and this causes you an injury. It could be anything from misinterpreting test results to prescribing the wrong medication, operating on the wrong body part, or even failing to inform you of the risks and potential outcomes of your treatment.
Medical negligence may result from a single person making a mistake, such as a doctor neglecting to refer you to a specialist for tests, or an organisational failing such as a decision not to carry out routine maintenance on equipment for budget saving reasons. Whatever the cause, there is no reason why you should have to suffer financially as well as physically, and The Medical Negligence Experts can help make sure that does not happen.
Claiming Compensation for Medical Negligence in Chester
The process for claiming compensation starts with finding the right solicitor, one who specialises in your type of medical negligence claim and has a proven track record successfully obtaining compensation for clients like you. It also helps to work with a lawyer you feel comfortable with, who listens to you and respects that you are a person and not simply a “case”.
Your lawyer will look at the circumstances around your injury to determine whether it can be proven that someone was responsible They will demonstrate that your care provider did not act in a way their peers would consider acceptable. The other criteria you will need to prove is that your injury was a direct result of their negligence and not caused by your pre-existing illness or condition.
One of the ways negligence is proven is by looking at the actions of your care provider and comparing them with a similar professional. You may think they failed in their duty, but it may be that their actions were reasonable when compared with the way comparable professionals work. This proof is one of the reasons why it is so important that you get legal advice at the earliest opportunity from a medical negligence specialist.
Once your lawyer has verified you have legal grounds to make a claim and you have decided to proceed, they will notify the other party of your intentions. Your lawyer will compile all necessary evidence to prove your claim and submit this to the other party, who then has four months to conduct their investigation and reply in writing.
What happens next depends on their reply. If they admit liability, then your lawyer will negotiate the amount of compensation based on your pain and suffering and any special expenses you have incurred.
Most claims settle after some negotiation without having to go to court. While this is our goal, we will not advise you settle at the expense of receiving a fair amount of compensation. If the other party refuses to accept responsibility or make a reasonable offer, we may recommend you submit your claim to court for a judge to review and decide.
Once you agree to agree to a payment, your application is final. You can’t reopen your claim or request more money at a later date. It is so important, therefore, that you always talk to a lawyer before accepting any offer of compensation, particularly if that offer is unsolicited. Just as we will be fighting for your best interests, so will the opposing lawyers be fighting for their client who will seek to pay you as little as possible.
Common Types of Medical Negligence
We handle all types of medical negligence claims at The Medical Negligence Experts and will introduce you to a solicitor in Chester who has the best knowledge and experience to handle your request. It does not matter if you privately funded your treatment or were seen by an NHS practitioner, the claims process is the same.
It is possible to claim against doctors, nurses, dentists, mental health specialists, hospital trusts, cosmetic surgeons and any other type of medical professional who agreed to treat you. Medical Negligence Claims we handle include:
- Accident and Emergency Negligence
- Birth Injuries
- Dental Negligence
- Hospital Acquired Infections
- Laser Eye Surgery Negligence
- GP Negligence
- Surgical Errors
- Misdiagnosis Claims, including Cancer Misdiagnosis
There are several ways claimants fund their applications for compensation. We will go through these during your initial consultation so that you can make the best decision to suit your circumstances.
One way is to use your own money to fund your claim. The benefit is that you receive every penny of the compensation you have been paid, but the drawbacks are that you have to pay a significant sum of money up front with no guarantee that you will receive compensation in return. If you lose your claim, you may also be liable for paying the legal costs of the other party. Understandably, this is one of the least popular ways our clients fund their claims.
Legal Aid is only available to a small number of claimants seeking compensation for a birth injury. To qualify, the child must have received a neurological injury in utero, during labour or within the first eight weeks after their birth.
Another way to pay for legal advice and representation is through an insurance policy you already have, possibly through your home or car insurance. These types of policies are called Before the Event (BTE) policies. If you don’t have one, the option is to buy an After the Event (ATE) policy to cover the legal costs of making a claim.
ATE insurance policies are used together with a Conditional Fee Agreement, more frequently referred to as a No Win No Fee* agreement. All our solicitors in Chester operate on a No Win No Fee* basis to make quality legal support available for everyone who is in need of it, not only the wealthy few who can afford to pay for it.
A No Win No Fee* compensation claim is when your lawyer agrees to shoulder the financial risk associated with your application in exchange for a success fee if you are paid compensation. Before 2013, it was possible for victorious solicitors to claim their success fee from the other party; however, changes to legislation mean the successful claimant must now pay this.
This fee is agreed at the start of your claim and can be no more than 25% of your total compensation amount.
If you win with a No Win No Fee* agreement your lawyer will recover your legal expenses from the other party, and you will pay them only the agreed success fee. If you lose your claim, your solicitor will waive their legal fees, and your insurance policy will cover your opponent’s legal fees should they seek to recover from you. As the formal name implies, there are conditions, namely around ensuring you disclose all relevant information and take the advice of your lawyer.
Although you do not retain your entire compensation payment with a No Win No Fee agreement, it has several significant benefits. The first is that your solicitor will only offer this type of contract if they believe your claim has a strong chance of being successful. The second is that you can trust they will do everything in their power to get maximum compensation for you because their fee depends on it.
Chester Medical Negligence Claims FAQs
The average person has little to do with this part of the law, so it is understandable if you have questions. We have answered some of those we most often receive from new clients but if your question isn’t listed or if you want more information just phone us directly or request a callback, and we will be happy to help.
Can I make a claim?
You may be entitled to claim compensation if you have been hurt due to inadequate medical care. In most instances, this needs to have happened within the last three years. Exceptions to this timescale include those who were minors at the time of their injury, or who are suffering a mental illness and are legally unable to handle their own affairs.
How long will my claim take?
Most claims are resolved somewhere between 18 months and two years after they begin. It can take longer if the other party disputes your evidence, or if your injury leaves you with complicated and long-term medical needs which are not yet clear.
Will I have to go to court?
Although it is possible you may need to go to court, it is highly unlikely. The NHS Litigation Authority state that 98% of all claims made against them are resolved out of court, with another 1% being dropped due to lack of evidence.
Our goal will be to settle your claim out of court. Litigation can be stressful and time-consuming, and we want to avoid this for you if possible. However, if the other party refuses to admit liability or pay an appropriate amount of compensation we may recommend you begin litigation and submit your claim to court for resolution.
How much compensation will I receive?
The amount of compensation you will receive depends on the type of injury you have sustained. Although the Judicial College regularly updates their published compensation guidelines, there are variables which will affect them including the extent to which your injury has impacted your life. A woman in her 20s woman left sterile due to missed cervical cancer may be likely to receive a higher payment than a victim of similar negligence in her 50s.
Special damages will also be taken into account including any expenses you have had like rehabilitative therapy, income lost through being unable to work and even the cost of your partner’s time if they have given up work to care for you.
What should I do first?
The first thing you should do if you suspect medical negligence caused your injury is to contact The Medical Negligence Experts for legal advice. Even if you are unsure whether negligence was the cause we can provide advice and guidance which will help you determine whether you have grounds for a claim, and inform you of how to proceed with an application.
Compensation is not simply about getting money; it is about gaining access to the support and resources you need to recover from your ill-treatment. We want you to enjoy the rest of your life without worry that an injury which you have received through no fault of your own will cause you financial hardship.
Phone today, or fill in our online form and ask for a callback to find out how we can help you obtain the compensation you deserve.
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.