Supporting you through clinical negligence claims

The claims process

The first step is for us to listen to your story and gather the full history. If there appears to be a claim to investigate, we will obtain all relevant medical records and review whether there was a breach of duty of care and if this has caused an injury or worsened your condition.

If we believe you have a potential claim, we will guide you through every stage of the process, from securing funding to gathering medical evidence and communicating with the healthcare provider.

Funding your claim

We will work with you to consider the most appropriate way to fund your claim. In some cases, you may already have Legal Expenses Insurance attached to an existing policy, which could cover costs.

Most of our clients choose a no win no fee agreement, formally known as a Conditional Fee Agreement (CFA). We usually recommend considering obtaining insurance to run alongside the agreement. This agreement relates to the lawyers' costs but not the costs of the potential Defendant (the NHS Trust or medical practitioner).

The insurance would cover any potential costs and expenses you may be ordered to pay to the Defendant if the claim is unsuccessful. It would also mean you aren’t left with unexpected bills, such as medical report fees, if unsuccessful. An initial review by the insurers would include a brief assessment by a medical practitioner to consider the merits of a claim.

If your claim succeeds, you will receive compensation for your pain, suffering, and financial losses. A capped percentage of your compensation ( no more than 25% of damages for past losses and pain and suffering) will go towards your lawyer’s success fee.

We will discuss the most appropriate way to fund your claim, and talk through in detail so you aware of how a claim is funded and what liability you may have.

Medical evidence

If funding is in place, an independent medical expert will be provide a to determine whether the care you received amounts to a breach of the duty of care. If the report supports your case, it will trigger a letter of claim to the healthcare provider involved.

If liability is admitted, a further medical report assessing the effect of the negligence will be arranged. This usually means you will have to attend a medical appointment. If liability is denied, we will advise on whether it may be necessary to think about starting Court proceedings.

How long does it take?

Gathering records, reports and responses takes time. Medical records can take months to arrive. Liability will then be investigated by the Defendant which can take up to four months. Extensions of time are often requested and can be agreed if the request is reasonable.

What about claims where the negligence causes a death?

If the worst happens, claims can still be brought by the Executors of the deceased's Estate (or Administrators). We will handle this process with sensitivity and care.

Time limits

In most cases, you have three years from date of negligence, or when you first became aware of it, to bring a claim. For claims involving death, the limit is three years from date of passing.

How we can help

Our team deal with all types of clinical negligence claims including:

Negligent treatment (medical, physiotherapy, osteopathy, dental or care treatment)
Delays in treatment causing avoidable symptoms
Missed or delayed diagnoses, such as cancer
Incorrect treatment.

If you feel something has gone wrong with the treatment you have received, please contact Mandy Yeandle or Nicola Bickham for an initial free discussion. We will give you clear advice on whether we believe your case should be investigated further.