To start your claim, call our specialist AvMA and Law Society accredited Medical Negligence Solicitors on FREEPHONE 0800 1404544, have a look at our main website at http://www.bishopslaw.co.uk, or visit our specialist medical negligence compensation claims website at http://www.themedicalnegligencesolicitor.co.uk – for FREE initial phone advice, FREE 1st interview and No Win No Fee representation.
In this video Medical Negligence solicitor Denise Broomfield explains what Medical/Clinical Negligence is and how you should go about making a claim.
“What can I claim for?”
Were your claim damages to put you back in the situation where you would have been in things hadn’t gone wrong, you can split those into three:
Damages for your injury – pain, suffering and loss of immunity lawyers call that.
Out of pocket expenses – lost earnings, travel, parking, cost of travel for your family to come and see you.
And future losses – if you’ve got expenses in the future so you can’t go back to work, or you’re going to need someone to help look after you, then that’s part of the settlement as well.
“How can I fund my claim?”
If we think your case is likely to succeed we’ll enter into a conditional fee agreement with you. That’s commonly called a “no win, no fee” agreement. If you’re acting for a brain-injured child and the child’s been diagnosed with the brain injury within 8 weeks of birth, then legal aid is still available for those. Some people have what we call “before the event” insurance – that’s insurance attached to your car, household or content insurance policy, and they can help pay legal fees as well.
“Is there a time limit?”
Generally it’s 3 years from the date of injury or 3 years from the date that you knew something had gone wrong. Sometimes that can be a couple of years later actually. And if it’s a child or if the person doesn’t have mental capacity – if they’re registered with the Court of Protection – then it’s longer, it’s until the child’s 21st birthday or – with someone who’s registered with the Court of Protection – when they became capable of managing their own affairs. 3 years from when they become capable of managing their own affairs.
“Will it impact my future treatment”
Lot’s of people ask me that question. The answer is generally no. Most doctors are fairly good. It’s not uncommon for the doctor to say, “Well I’ll transfer you to my colleague if you’re not happy with what I’ve done”, but the same hospital will usually continue to treat you.
“Do I need a solicitor?”
Yes. Clinical Negligence claims are really difficult because of the law, and often the value, and the difficulty and the fact you have to deal with independent doctors. It’s one of the few cases where you really do need to have a solicitor to actually get your claim through.
“What should I bring to my first meeting with my solicitor?”
Solicitors like as much information as you can possibly give them. So some solicitors have questionnaires on their website that you might like to download and fill in one of those, or you can write a short statement. If you have a letter from the hospital because you’ve gone through the complaints procedure, bring in a copy of your complaint to the hospital and that letter and really any other correspondence that you have from the hospital, or diaries… things like that are always really helpful.The final remedy is for you to go to court, a lot of cases settle out of court, I think its about 95% of clinical negligence cases actually settle out of court. If you’re making a claim for a child the court always has to approve the settlement so you’ll have to go to court if you’re a parent acting on behalf of a child, but yes you have to be prepared to go to court if it doesn’t settle and if you’re not prepared to do that then it’s not really worth starting because that’s your final venue.
Part 1: http://www.youtube.com/watch?v=2J5H6wjmV7E
For more info and to get in touch, visit http://www.bishopslaw.co.uk
This video was created by:
Bonallack and Bishop, Solicitors
Rougemont House, Rougemont Close, Salisbury, Wiltshire, SP1 1LY.
Telephone: 01722 422300
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