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Leo Abse & Cohen
Solicitors

08459 006 007 (local rate)

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Bristol Office
0117 975 8607
Cardiff Office
029 2038 3252
Exeter Office
01392 267244
Newport Office
01633 241410
Swansea Office
01792 762030
Swindon Office
01793 698080
Taunton Office
01823 210220
Truro Office
01872 242737

Medical Negligence Frequently Asked Questions

How would my claim be funded?
We have a wide range of funding options available. There will be an option to suit you.
Who will my claim be against?
If you are suing your GP the claim will name the GP individually. If your claim is in respect of hospital care the defendant will be the Trust.
What do I have to establish to succeed in a claim?
You have to identify breaches of duty involved in your care and then show that it was these breaches of duty that caused you harm.
How do I prove that my care was substandard?
We will obtain your notes and records and then identify and instruct an independent medical expert to assist us in assessing your case.
How can I show that it was substandard care that caused my injury?
Again, we will identify and instruct appropriate independent medical experts to assist in identifying what harm has been caused to you.
Does my injury need to be significant before I can claim?
Certainly we need to be able to identify that you have suffered damage as a result of your care. The value of the claim will then be assessed by us but even small value claims can succeed.
Will the fact that I am suing affect my medical treatment in the future?
In terms of claims against the hospital trusts almost certainly not. Very occasionally a General Practitioner may seek to remove a patient who is dissatisfied from their list, but this is extremely rare.
Will I have to be medically examined?
Almost certainly by both our expert and the Defendant's expert. Your notes and records will also have to be made available to the Defendants.
How long will it take?
The initial investigation which includes obtaining our medical evidence on liability may take between 8 to 10 months. If the matter is fully contested, it may take up to 24 to 30 months to a formal hearing.
Will I have to go to Court?
It will be very unlikely. Only an extremely small proportion of Clinical Negligence matters go to trial.
Will I get to keep all of my damages if I win?
Provided that you have behaved reasonably throughout the litigation then the Defendants will be responsible for your costs and disbursements.