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.