Who will I claim against?
You should receive the proper care from the professionals treating you – no matter what organisation they work for.
That’s why it’s possible to make a clinical negligence claim against both the NHS and private healthcare providers.
The NHS broadly does a wonderful job treating patients. But mistakes do happen. In 2019/20, the NHS received 11,682 new medical negligence claims. You may have been the victim of a never event.
These are defined by the NHS as “serious incidents that are entirely preventable because guidance or safety recommendations providing strong systemic protective barriers are available at a national level, and should have been implemented by all healthcare providers”.
When you claim against the NHS, you won’t be claiming directly against your hospital or GP. NHS Resolution is the body that handles claims against the service. This is who you will claim against. If you have suffered from NHS negligence, First4Lawyers could help you make a claim for compensation to help get you back on your feet.
Meanwhile, errors also take place in private healthcare organisations. If you have been the victim of a private hospital or clinician’s error, you could be entitled to compensation.
Private healthcare providers have their own insurers. The insurer will be the organisation you claim against, rather than the doctor or hospital directly.
How do I make a claim?
It’s understandable that you might find the process of making a medical negligence claim daunting. If it’s something you’ve never done before, you may not know where to begin. But that’s what First4Lawyers and our legal experts are here for.
The first thing to do is to give us a call. Our understanding and compassionate claims advisors will take a few details from you to get a sense of what happened and whether you have a medical negligence claim. They will then talk you through the process and what happens from then.
If you do have a claim, our team will match you to one of our expert medical negligence solicitors. They will then take over the management of your claim.
How will I fund my claim?
For many people, funding a medical negligence claim is one of the biggest concerns they may have. You may be worried that you will not be able to afford to pay for your solicitor’s services upfront, which could put you off the idea of getting justice for the harm you have suffered.
But in many cases, you don’t need to worry. Solicitors now typically offer a No Win No Fee arrangement – otherwise known as conditional fee agreements – for clinical negligence cases. This was introduced to enable patients who had suffered from malpractice to get the help they needed to recover without facing the stress of funding it all at the start.
A No Win No Fee medical negligence claim will allow you to focus on your recovery and putting together the strongest case possible, instead of the potential impact it would have on your finances.
Only pay a fee if you receive compensation
Our No Win No Fee solicitors will take a success fee from the compensation you are awarded for a successful claim in the form of a percentage of your damages. This could be up to 25% but it won't be more than that, except in cases of road traffic accidents. Changing laws mean our solicitors will now take a payment of 30% of the final compensation amount plus VAT for all road traffic accident claims.
First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.
Why make a medical negligence claim?
Your health is precious. When someone harms that, you are entitled to take action.
It is not just your physical health that takes a knock when you suffer from medical negligence. You may find that your mental health suffers too. After all, you were harmed by a person or organisation that was there to help treat your initial condition.
This breach of trust can have lasting consequences. Getting justice in the form of the compensation you need to help you recover is one way of addressing them.
You may be worried that making a clinical negligence claim will take funding away from the NHS – particularly at a time when it needs it most. But that won’t be the case. The NHS has legal protection in the form of indemnities to cover any potential claims. NHS Resolution exists to handle negligence claims.
Another important reason to make a medical negligence claim is that by doing so, you highlight the problem that caused you harm. This allows the hospital or surgery or clinician to address what went wrong and prevent it happening again to someone else.
How much compensation will I receive?
Every medical claim is different. Your circumstances will be unique to you. That means that is difficult to say with certainty what you might entitled to in compensation. For a general idea, try our compensation calculator. It will help you establish what you might be entitled for a specific injury caused by your experience of medical negligence.
The amount that you’ll be awarded will be split into two categories: general damages and special damages.
General damages are awarded to cover the pain and suffering you’ve experienced as a result of your clinician’s negligence. These damages are intended to compensate for any lifestyle changes you have had to make. This includes not being able to take part in your usual hobbies or sports.
Special damages cover any financial impact you’ve suffered because of an instance of medical negligence. This includes any loss of earnings if you’ve been unable to work or any money you’ve had to spend as part of your recovery from the negligent act, such as mobility aids.
Compensation for the medical negligence you experienced can help you get back in the position you were in before it ever happened. Your health and your future are the most important things. That’s why First4Lawyers wants to help you get what you’re entitled to by law.
How long do I have to make a claim?
One of the most important things to remember is that you face a deadline when making a medical negligence claim in the UK. In most cases, you will have three years from the date you experienced the negligence to make your claim. This is why you should think about doing so as soon as possible.
But there are exceptions to this rule, which apply to those under the age of 18, those without the mental capacity to claim for themselves and in cases where the effects of the negligence were only discovered later.
To find out more about how long you have to make a claim, just get in touch.
How long will a claim take?
Every instance of clinical negligence is unique. That means it can be difficult to say exactly how long it will take to settle your medical negligence claim. Some cases will be concluded in months, while it may take years for more complicated claims to be settled.
If the medical organisation responsible for your injury admits liability, your claim will be settled quicker than if they don’t. If liability is denied, you may end up going to court. And although this is rare, it will extend the claim timeline.
Your solicitor will be able to advise you on how long you can expect your claim to take. They will keep you informed when there are any updates and they will be there to support you through the process.
Will I have to go to court?
We understand that you might be worried about ending up in court. But this is a very unlikely scenario as most medical malpractice claims don’t end up in court.
NHS Resolution’s 2019/20 annual report reveals that just under 27.9% of claims end up being settled with proceedings, but only 0.6% of cases actually make it to trial.
The vast majority – 71.5% – were settled without any proceedings.
If your claim does end up in court, your lawyers will make sure you are fully prepared, giving you the confidence to tell your story and make known what happened to you.
How can I help my solicitor?
To help your solicitor put together the best possible case, you will need evidence. You can contribute some of this yourself, while your solicitor will obtain the rest.
One of the most important pieces of evidence in a negligence claim is your medical history. Your records will reveal the treatment you had as a patient, as well as how your health was affected by the negligence. Your solicitor will get your medical records for you and review them in order to identify where the errors were made.
They will also typically arrange for you to attend a medical examination. This will be with an expert doctor, who will be able to assess any injuries or illness you have suffered.
You can also provide photographs or video evidence of your injury, as well as a statement on how it has impacted your life.
Witness statements are also a key piece of evidence. Witnesses can include medical professionals, other patients or those close to you, who have seen how you have been affected.
Aside from evidence, the best thing you can do to help your solicitor is to work with them. Make sure you are responding to any enquiries promptly and providing them with all the information you have. Your co-operation will allow them to present the best case possible.
How can First4Lawyers help?
First4Lawyers has experience in all forms of medical negligence claims. We realise that you and your family are going through a highly distressing time, so our compassionate and understanding claims advisors will do all they can to make it less stressful for you.
We are dedicated to helping people like you, who have been let down by the people they should have been able to trust. We have helped thousands of people get the justice and the compensation they were legally entitled to – including Justin, who received £15,000 for a misdiagnosed broken wrist.
First4Lawyers works with top medical negligence solicitors, who are just as dedicated as we are to helping you right the wrongs that you’ve experienced.
To find out more about how we could help you, just get in touch. Our advisors are here to talk you through your case and make sure you know what your options are. All you have to do is give us a call, request a call back or start your claim online.
You shouldn’t have to go through this on your own.
Meet Jacqueline
Head of Legal Services
Jacqueline is our head of legal services.
She is a qualified solicitor and has practised as a specialist in personal injury cases. A recent addition to our team, Jacqueline has moved to a managerial and coaching role with us, where she is keen to continue the team's training and development to ensure every customer continues to get a first class service.
