Medical Negligence Solicitors in St Albans
Whether you go private or receive treatment through the NHS, all medical care carries the risk of negligence. Sometimes the effects of a mistake are minimal, but our medical negligence solicitors in St Albans know all too well that there are occasions where the effects can be far worse.
You have no choice but to place your trust in professionals like doctors, nurses and dentists to uphold their duty of care and look after your health, and it happens in the majority of cases. Sadly, an unlucky few have their trust betrayed in the worst possible way, resulting in an injury at a time when they are already physically vulnerable.
The Medical Negligence Experts are specialists in medical negligence claims. Our knowledge in this area of law, our attention to detail, and our skill at negotiating maximum compensation for our clients has earned us the reputation as one of the best firms in the industry.
Contact us today if you think you or your loved one has been the victim of medical negligence. We can give you a free, no-obligation consultation with a legal advisor who can answer your questions and help you make an informed decision about what to do next.
Claiming Compensation for Medical Negligence in St Albans
While you don’t need a specialist like our medical negligence solicitors in St Albans to make a claim, you are jeopardising your chances of getting the right amount of compensation if you don’t work with a lawyer with in-depth knowledge of this specialist area.
We will assess your claim in detail so we can let you know whether it has a good chance of succeeding. We can’t reverse the past and take away your injury, but we can give you what you need to take control of what happens from here on.
One of the most common types of medical negligence claims we handle relate to misdiagnosis. This is a broad area of negligence which can include incorrect and delayed diagnosis. One example of misdiagnosis refers to a patient who had seen their doctor six times over the course of eight months with concerning bowel issues. Their GP not only failed to refer them for further assessment when the prescribed treatment did not work, but they also neglected to undertake a thorough assessment of the patient. The patient’s bowel cancer was only diagnosed when they presented at Accident and Emergency with severe abdominal pain and bloating.
Medical negligence can happen in both NHS and private practices, and affect those who have had an elective treatment or an essential one. Whether it was a doctor, dentist, nurse, physiotherapist, or any other medical professional, if you have been hurt because they failed to uphold their duty of care to you, then you may be able to claim compensation for your injury.
No Win No Fee* Medical Negligence Claims in St Albans
Our No Win No Fee* claims in St Albans are the affordable way to get compensation for your injury. At the Medical Negligence Experts we don’t believe that anyone should have to struggle because they are worried about the financial risk, but our No Win No Fee* agreement gives you access to expert legal support and advice without leaving you out of pocket.
If our professional opinion is that your claim has a good chance of success, we will offer to carry the financial risk of making a claim, leaving you free to pursue compensation without worry that the legal expense will be higher than your compensation award, or that you will be left financially vulnerable with a bill for thousands of pounds after an unsuccessful claim.
A No Win No Fee* agreement needs insurance cover to work. You may already have this but, if not, we can help you to arrange an After the Event policy that will pay your expenses if you do not receive compensation.
We will talk to you about your options for funding your claim before you choose to proceed. Our medical negligence solicitors in St Albans know it is important that you are comfortable with your decision and committed to the process, and that includes being aware of the implications of different payment options.
Claiming Compensation on behalf of Another Person
Are you acting on behalf of another person? Maybe you’re the parent of a baby who suffered a birth injury, or possibly the adult child of a parent hurt through care home negligence. It may be that you want to find out more about the claims process to help an injured friend. Whatever your role, call The Medical Negligence Experts today to find out about whether or not your loved one may have legal grounds to claim compensation and what the next steps are.
A person who is unable to submit a request for compensation themselves is called a protected party. These are victims who are under the age of 18, or who lack the mental capacity to manage their legal or financial affairs. They need the help of a litigation friend – someone authorised by the court to act on their behalf, pursuing their legal rights and representing their best interests to obtain compensation.
A litigation friend can be a relative or close friend, or the family may prefer to appoint a professional to act in the capacity, like a solicitor. The process of obtaining a court’s approval to serve as a litigation friend is quite simple, and we can assist if you have any questions about how to do this.
There is only one main difference in the way a claim raised directly by the victim is handled to one brought by a litigation friend, and that is that a judge needs to approve the amount awarded and the way the funds will be managed for the benefit of the claimant. Claims can still settle out of court, but the Court’s final approval is required as an additional step to protect the best interests of the victim.
Settling a Compensation Claim out of Court
No one wants to see your claim litigated. Going to court can add up to an extra 12 months to the processing time of your application, depending on how busy courts are in your area and how long it takes to get a date for your case to be heard. In addition to this extra time, going to court is expensive and can add additional stress to what may already be a difficult time for you.
It is always our goal to settle every claim out of court, but there may be occasions when it goes against your best interests to do so. For example, if the other party does not believe they are responsible for your injury or at least only partially responsible, but we are confident we can prove their liability to a judge; or if they disagree with what we believe is an appropriate amount of compensation to address your pain and suffering and make sure you are not left financially out of pocket, then we may recommend litigating your claim.
Our medical negligence solicitors in St Albans will continue to pursue settlement out of court even when a court date has been assigned. We have a high success rate of achieving out of court settlements for our clients and are optimistic that we can do this for you as well. If we can’t, and your claim goes to court, we will continue to support and advise you to achieve the most positive outcome for you.
Medical Negligence Claims FAQ
If you are considering making a compensation claim, or even if you are just investigating your options, you are likely to have a lot of questions. We have answered some of those we most frequently receive here. If you want more details regarding your particular circumstances then just get in touch and arrange a free consultation with an advisor.
Am I allowed to claim compensation?
If you can show that you were hurt through negligent care and that the person responsible acted in a way that another professional in the same role would not have done, then you may have grounds to claim compensation.
What is the difference between a complaint and compensation request?
You can make a complaint about negligent care without having been injured. It should be done within 12 months of the event, and you do not need a solicitor’s assistance. A complaint will give answers and an apology and hopefully the assurance that steps will be taken to prevent an injury, but it won’t pay compensation.
A compensation claim is made specifically to address the impact of an injury on both your body and your wallet. It is a specific legal process that is best handled by a solicitor to ensure you receive maximum compensation as the acceptance of an offer is final. You can’t reopen a claim or start a new one if you discover that you were entitled to more money.
How much will claiming compensation cost me?
If you use our No Win No Fee* agreement a compensation claim is likely to cost you nothing if you are unsuccessful, and up to 25% of your awarded amount if you do receive a payment. If you choose to hire a lawyer privately then you will pay them their normal hourly rate plus expenses. You may be able to claim these back from the other party if your claim is successful, however you will need to pay in advance.
How long will my claim take?
From your initial enquiry to receiving money in your account takes around 12 to 18 months on average. Our experience shows that clients who contact us at the earliest opportunity are likely to reach settlement earlier as it is easier to obtain the evidence that shows the extent of their injury and proves their care was negligent.
Factors that will delay the processing of your claim include if the other party denies responsibility for your injury or there is a dispute over the degree of their liability, if they refuse to pay a fair amount of compensation, or if your claim is litigated and needs to go to court.
Is there a time limit for making a claim?
You have three years from the date of injury or the date of knowledge to request payment of compensation, whichever date is the latest. The date of knowledge is the time you became aware that your injury was caused by negligence and not an accident or an underlying condition. This date can be ambiguous in the eyes of the law, so we always recommend to work from the older date to make sure you start your claim on time. Once the statutory time limit has lapsed, you no longer have any legal rights to request compensation and the other party can reject your claim.
The law varies for victims under the age of 18. As they are unable to claim compensation themselves, their parent, guardian or litigation friend can start a claim at any point until the child’s 18th birthday. Once the victim is an adult, they have until their 21st birthday to start a claim.
The other exception to the statutory three-year limit is if a victim does not have the mental capacity to act for themselves in legal or financial matters. In this instance, a claim can be made by a litigation friend at any point until the victim regains their mental capacity when the three -year countdown begins for them to do it themselves. If they never regain this ability, then there is no time limit for making a claim.
How do I prove negligence?
One of the reasons medical negligence claims take longer than personal injury claims is because of the need to prove that the standard of care you received was less than acceptable, and lower than what you would reasonably expect from a competent medical professional. You also need to show this negligence was responsible for your injury and that your ill health was not the result of an existing condition or simply bad luck.
We prove all of this using a combination of your medical records and an assessment done by an independent medical expert. If you have raised a formal complaint and the findings confirmed negligence, then we can use this information too.
Contact us today to find out how we can help you claim 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 in St Albans working for you
We specialise in helping victims of medical negligence in St Albans 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.