We place a great deal of trust in the healthcare system when we turn to doctors, nurses, or other medical professionals in our time of need. And when that medical treatment falls below an acceptable standard, the impact can be life changing.
The world of medical negligence claims can feel overwhelming and daunting, especially during an already stressful time. But if you or a loved one has suffered harm due to negligent medical treatment, you may be entitled to compensation through a medical negligence claim. And understanding the basic process of the claim is crucial for seeking the justice you deserve. In this blog, we will break down the key components, including what exactly is medical negligence, how compensation is calculated, and some important timelines that you should be aware of.
“What is medical negligence?”
Medical negligence is substandard care that’s been provided by a medical professional, which has directly caused harm, injury or an existing condition to get worse. There are a number of ways that medical negligence can happen this can include: misdiagnosis, surgical errors, pregnancy and gynaecology claims A&E negligence and so much more.
Medical negligence claims can seem complicated, but we’re here to make the process as easy as possible. If you have any questions about making a claim, see if we’ve answered it below and if not phone us on [phone number] and our expert team will happily chat through your options.
“What is medical negligence compensation?”
Medical negligence compensation is financial compensation awarded to a patient who has suffered harm or injury due to a healthcare professional’s negligence. The financial compensation aims to cover the physical, emotional, and financial related damages associated with the negligence.
“How does the claims process work?”
- Initial enquiry and advice: You will first get in touch with our experienced team and chat through the details of your claim. If your claim is accepted, your assigned solicitor will assess the details of your claim and advise you on the best steps forward.
- Proving Negligence: You and your solicitor will work closely together to gather all your evidence, records, expert opinions and other relevant documentation to help prove that the care/ treatment you received fell below the accepted standard and directly caused harm. This will help determine the appropriate level of compensation you can claim.
- Letter of claim: Your solicitor will then draft a formal letter of claim to the defendant outlining your claim. After receiving the letter, your defendant will have up to four months to respond, if the defendant denies liability or disputes any aspects of the claim, this can lead to further negotiations or court proceedings.
- Negotiation and Settlement: The case may be settled through negotiation or through a court hearing. Once a settlement is reached, you will be awarded your compensation.
“What is a no win no fee agreement?”
At Medical law Partnership we run all our cases on a no-win-no-fee agreement. If your claim is unsuccessful, you will not be obligated to pay any fees to our firm.
In successful cases you will make a small contribution from your compensation to cover any legal costs that your opponent doesn’t have to pay. The exact percentage of your contribution is agreed at the start of the claims process in your conditional fee agreement.
The rest of the compensation will be yours and we promise that you’ll know from the first discussions what charges you should expect if you win your case, providing clarity and financial peace of mind.
“How quickly will I get my compensation?”
The timeframe for receiving medical negligence compensation varies greatly depending on your case and its complexity, but on average a medical negligence claim can take upwards of 2 years to reach settlement.
Once settlement negotiations have been agreed, generally out-of-court settlements usually result in payment within a month, while court-settled cases may take longer. There are many factors affecting the timeline for receiving your compensation, this includes: the type of settlement, liability acceptance, the complexity of your case, insurance companies etc. And in reality, there is no one set answer and unfortunately every claim is different in terms of the timelines involved.
“How much compensation can I claim?”
If you’ve been let down by a medical professional and you have suffered as a result, a successful claim can help you get the compensation that you deserve for closure, justice and navigating the road to recovery and emotional healing. Your claim is unique to you, and your compensation is dependent on many variables for example, the severity of injuries you have sustained, a loss of earnings or future care costs, expenses for the trauma endured, injuries, and any rehabilitation needed and ongoing, as well as any long-lasting effects directly as a result of the negligence.
This means that we can’t tell you exactly how much compensation you will receive, although it’s important to note that you will only pay our fees if your claim is successful.
Why Choose Medical Law Partnership?
Navigating the complexities of medical negligence claims involves understanding various factors influencing the compensation value, the fee structure, and crucial timelines. With this knowledge, individuals can make more informed decisions when seeking justice for injuries caused by medical negligence.
At MLP, we have worked in the clinical negligence sector for over 25 years. Our expert negligence solicitors have a proven track record of securing justice and compensation for our clients and are there to help and guide you through the whole process from loss to empowerment. We understand the emotional and physical toll medical negligence can have. Our passion and commitment to your claim and personal client-focused approach sets us apart, including our ‘no win no fee’ agreements, which ensures our clients receive the compensation they rightfully deserve, meet our team here.
Take the first step today
If you think you may have a medical negligence claim, contact our expert team today for confidential advice and support on 0800 014 7551 or fill in our enquiry form.