What Happens After We Accept Your Clinical Negligence Claim

Date Added 05.04.16

Initially, we must agree with you what work we can do for you, and on what basis. Once it is agreed that we will work for you we will begin to investigate a potential claim on your behalf.

If you have any documents that refer to what happened then it would be helpful for us to see them. For example, any complaints correspondence you may have, and any document confirming your diagnosis.

Sometimes we will suggest that you make a formal complaint to get some additional information to help clarify what happened, which may help in making your claim; we can help you to do this.

All NHS bodies must comply with a statutory duty of candour. This means that, following a notifiable patient safety incident, they must act in an open and transparent way, they must give you a full explanation of what happened, to apologise and provide reasonable support to the patient.

Once we have enough information to suggest there was clinical negligence, and what injuries you have suffered as a consequence and how long the injuries may last we’ll be able to give you an updated view of whether your potential clinical negligence claim for compensation is likely to be successful.

Depending on what we have agreed, and to help us to investigate your potential claim, we shall probably need to obtain and review some of your relevant medical records. The next stage will be to identify and instruct appropriate medical experts to review those records and your recollections of events, and to provide us with their medico-legal view on whether or not the proposed defendant may be liable to pay you compensation.

We may then have to seek the input of a barrister to review all of the available evidence.

At the end of this investigative process, we can give you a more definitive opinion as to whether we feel there is enough evidence to support a clinical negligence claim. If there is sufficient evidence, we will start your claim and pursue your right to be compensated. In most cases negotiations will lead to an earlier settlement, so that a successful claim will not usually reach a Court.

Assisting you through the clinical negligence process

We cannot change what has happened to you. What we can do is to help you through what can be a stressful process, focussing on the key issues to win your claim, taking that stress from your shoulders, and to recover for you, money that fairly compensates you for the injuries and losses caused by any identified clinical negligence.

Costs of investigating a potential claim

You may decide that you would like to engage us to investigate and pursue a claim on your behalf. You will therefore want to know about the legal cost involved in running that claim, especially if your injuries mean you are already out of pocket or unable to work.

The good news is that we can work with you to aim to minimise the costs involved for you. It is possible to cover your costs with insurance.

There will be no direct cost to you during our initial investigation of your claim. There are different options to fund the work carried out on your behalf. When we first speak to you about what has happened to you we will also discuss with you the options open to you to fund the work involved in investigating, and pursuing your potential claim.

The main funding options include you paying us as and when we carry out work on your behalf, or for you to utilise available insurance that you may already have, or we may be able to offer to work within, what is known as a ‘No Win, No Fee’ agreement.

Under a ‘No Win, No Fee’ agreement, and provided you comply with your responsibilities and duties, you will not have to pay any legal costs if your claim is unsuccessful.

Under a ‘No Win, No Fee’ agreement, and provided you comply with your responsibilities and duties, and your claim is successful, and you receive compensation, then you will be expected to contribute something to your legal costs, and Insurance premium. We will do our best to find a way to minimise the cost to you of pursuing a clinical negligence claim, which will require all of us to work efficiently and in a way that reflects the likely level of compensation. We want to help to reduce your concerns not increase them. We will explain more fully once we feel able to help you.

Tollers specialist clinical negligence lawyers

The head of the Medical Negligence Team at Tollers is Dr Darren Conway PhD.  Darren has considerable experience of medical negligence claims, having trained and worked for a leading niche practice in London, and subsequently for both a national and international firm specialising in the field of medical negligence.

If you have any further questions about making a clinical negligence claim, contact our Welcome team on 0333 414 9123.

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