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10 Things You Need to Know About Making A Medical Negligence Claim

Bringing a Medical Negligence Claim can feel like a daunting prospect, especially if you have little or no knowledge of the law. Whilst our Solicitors will be by your side throughout the entire process to offer expert legal advice, we have highlighted the 10 most important things you should know about when making a Claim.

10 Things You Need to Know About Making A Medical Negligence Claim

1. Time Limits

There is a 3-year time limit when making a claim for medical negligence. In most cases the 3-year period will begin from the date of negligence. In rare circumstances, if you did not find out about the negligence until a later date, your limitation period can begin from date of knowledge.

2. Fees

Bringing a Medical Negligence Claim is often assumed to be a very expensive procedure which can sometimes make potential Claimants hesitant to pursue their Claim. At Hodgkinsons we handle Medical Negligence Claims on a No Win No Fee basis which means that you only pay a fee if you win your case. In most cases this is limited to a success fee capped at 25% of your damages and an insurance policy premium.

3. Breach of Duty

To succeed in a claim for medical negligence you must first establish breach of duty i.e. negligence. It most be proven, on a balance of probabilities, that the standard of care provided fell below that which could be reasonably expected.

4. Causation

Once liability has been established it must be proven that the negligence caused you some form of harm or suffering (i.e. injury).

5. Medical Evidence

Expert medical evidence is required to prove breach of duty and causation. Reports will be prepared setting out in detail the extent of the negligence and the affects this has had on you.

6. General Evidence

Your Solicitor will assist you in collating further evidence in support of your case. This will be in the form of medical records, detailed statements and financial losses.

7. Calculating Damages

Your Solicitor is generally only able to give you a valuation of your Claim once they have obtained medical evidence dealing with the extent of your injuries. This will highlight the severity of your injuries which will allow your Solicitor to determine how much compensation you are owed due to your estimated recovery time and treatment requirements.

8. Court

It is very unlikely that your Claim will proceed to a full trial. People often assume that with any Claim they will be required to go to Court, but this is not true. In fact, less than 1% of all Medical Negligence Claims reach a full trial. In the rare circumstance that your Claim does go to trial, our Solicitors will be on hand every step of the way to guide you through the process.

9. Remember There Can Be Various Defendants

People often assume that Medical Negligence Claims can only be made against the NHS, however, our Solicitors can assist with Claims against a variety of healthcare professionals. Our Solicitors have successfully brought Claims against Private Health Practitioners, Dentists, GPs and even Care Homes.

10. Choosing the Right Solicitor for You

Medical Negligence Claims can be confusing, especially when you have to cope with the injuries and harm you have already suffered. Whilst you focus on your recovery, your Solicitor will help you to establish your Claim, collate evidence and obtain you compensation. It is important that you instruct a Solicitor you are comfortable with and who can understand the sensitive topics often involved in such cases.

Our Medical Negligence Experts will guide you through the process and provide you with their expert advice. Our Team successfully pursue Claims of both a minor and severe nature for Clients all over the UK including Skegness, Boston, Lincoln, Grimsby and beyond. To get in touch please call 01754 897150 or submit an online form.