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MEDICAL NEGLIGENCE SOLICITORS - UK CLAIMS



Thousands of clinical compensation claims are initiated every year in the United Kingdom by medical negligence solicitors on behalf of people from all walks of life. A multitude of operations and procedures are executed successfully however a small percentage do go wrong, laying the grounds for medical negligence solicitors to take legal action in order to claim compensation. Both legal aid and the no win no fee scheme are available to pursue compensation claims.


COMPENSATION HELPLINE 0845 177 0929


Clinical Errors


Healthcare practitioners, which include consultants, doctors, dentists, nurses and technicians are not judged by absolute standards but are compared to others in the same area of practice. A doctor will not be held to be negligent simply because treatment failed if a substantial body of other doctors would have acted in the same manner provided that the treatment offered was logical. Medical negligence solicitors acting on behalf of a claimant will attempt to prove that the treatment fell short of that offered by other qualified healthcare professionals working in the same area of medicine.


COMPENSATION HELPLINE 0845 177 0929


Compensation


Surgery has the highest incidence of clinical negligence whilst gynaecology and obstetrics account for almost half of all medical negligence compensation claims. Damages awarded to a claimant includes pain and suffering, loss of income and the cost of personal care together with all manner of other reasonably incurred expenses. The value of pain and suffering is assessed by a judge with reference to the extent of the injury, the recovery time and whether or not there are any long term symptoms. In reaching a decision on the amount of compensation to award, a judge will consider representations put forward by medical negligence solicitors acting on behalf of both the claimant and the defendant, based on awards in previously decided cases, tempered by government guidelines and personal experience.


COMPENSATION HELPLINE 0845 177 0929


Damages


Damages are awarded in several categories which for the sake of convenience are divided into three main groups by medical negligence solicitors :-

    General Damages represents compensation for items that medical negligence solicitors can calculate with a degree of mathematical certainty by applying known figures and accurate projections for the future that do not rely in the main on assessment. These items are usually proven by production of invoices, estimates, books and records and include the following items :-

    • loss of past wages plus salary estimated in the future
    • loss and damage to personal property including vehicles
    • the cost of future care
    • medical expenses including mechanical equipment and property alterations
    • expenses incurred in running the claim

    Special Damages is compensation for items that cannot be calculated with accuracy. This means that these items must be assessed by a judge following representations put forward by medical negligence solicitors for both parties. The judge must make an estimation which is based on case law, personal experience in the courts and guidelines published by the 'Judicial Studies Board'. Items which may need assessment include :-

    • pain and suffering
    • loss of amenity and lifestyle
    • loss of opportunity on the job market

    Interest is calculated separately and differently for general damages and special damages. The figure calculated for interest is added on to the overall award.


COMPENSATION HELPLINE 0845 177 0929


Legal Aid


Legal Aid is available for a solicitor to pursue a medical negligence compensation claim. Public funding is means tested however only the applicants own assets and income are considered which means that in addition to eligible adults, almost all children will qualify. Only lawyers who are members of the Solicitors Regulation Authority specialist clinical negligence panel are allowed to represent clients using public funding which represents less than 1% of solicitors in practice in the UK. Most UK lawyers will also consider use of the no win no fee scheme to pursue legal action however most medical negligence solicitors will expect the client to pay for disbursements and expenses as the claim proceeds whilst themselves covering the cost of the legal work necessarily expended. This means that no win no fee compensation claims for clinical negligence are often not risk free.


COMPENSATION HELPLINE 0845 177 0929


Free Advice


Most specialist medical negligence solicitors will give very substantive free advice to establish whether or not you may have a claim that is worth pursuing. If a clinical negligence solicitor won't give free advice or limits it to a half hour then just move on to one who will. The fact is that a successful claim can be worth tens of thousands of pounds in legal fees to a lawyer, paid by the losing side or their insurers and there are many times when a clinical negligence solicitor just has to make those initial enquiries on a free, pro bono basis if he wants to find the viable claims. Don't rely on what you read here or on other websites when you can get free qualified advice for the cost of a phone call.


SOLICITORS COMPENSATION HELPLINE 0845 177 0929