Making a Clinical Negligence Compensation Claim

If you have suffered, or had your health adversely affected by a medical professional who has failed to adequately perform their duties, or given you poor medical care or advice, you may have a case for making a medical negligence compensation claim.

Many victims of medical negligence find that a successful clinical negligence compensation claim gives them and their family the financial support they need at one of the toughest points in their life, helping them return to normal living and combat the difficulties inflicted upon them by their injuries or illness. However, the process is not a simple one, and there are a number of things that those seeking medical negligence compensation must consider before launching their claim, if they wish to be successful.

You Must Understand What Qualifies as Medical Negligence

Medical negligence must be proven according to certain legal parameters. To make a successful clinical negligence compensation claim, you will need to show that the care you received fell far below the standard considered “reasonable competence” in that field. You will also need to be able to demonstrate that you have suffered injuries or a decline in your condition (or health generally) that would not otherwise have occurred, were it not for the sub-standard level of care or advice that you received.

Making a Clinical Negligence Compensation Claim Within a Reasonable Time Frame

Most clinical negligence claims must be brought within 3 years of your incident or failure of care; cases initiated outside of this time frame are largely unsuccessful. In some instances however, this three year restriction may not apply, for instance where you were not originally aware your suffering or ill health was linked to the poor care you received, or the victim was a child at the time, or was suffering from a mental illness. If you are unsure, call Blackwater Law clinical negligence solicitors who will quickly tell you whether you may be entitled to compensation.

Most Medical Negligence Claims Result in Settlements

It is rare for a medical negligence claim to make it as far as the courtroom. In most cases, parties prefer to settle before that point, as it allows the claimant to negotiate for compensation, receive an apology and highlight a problem within the organisation that needs addressing, all without the stress and confrontational nature of going to court. This route also often means the claim is settled sooner.

Commencing a Clinical Negligence Claim on a ‘No Win, No Fee’ Basis

If you are worried about how much it might cost to commence a claim for clinical negligence, do not be. Blackwater Law Solicitors operate all accepted cases on a “no win, no fee” basis. This means that you will only pay us for the work we do on your behalf if you are successful, and this will be capped at a maximum of 25% of your compensation. If your case is unsuccessful, you will not have to pay us anything.

You Will Need Solid Evidence to Support Your Claim

No medical negligence compensation claim can succeed without solid evidence underpinning it. Of course this relates to medical records in the traditional sense, but documenting the suffering and difficulties you undergo as a result of your afflictions through the course of daily life can become a valuable asset as well. You specialist medical negligence solicitor at Blackwater Law will advise you on what you can do to help collect evidence in support of your claim.

Medical Witnesses Play a Key Role in Determining the Outcome of Your Medical Negligence Claim

As you might imagine, those claiming medical negligence compensation will have their circumstances examined by professional, medical witnesses more qualified to assess the severity and implications of your injuries than laymen. They will be asked to present an unbiased opinion of whether or not you have received sub-standard care, and will always play a pivotal role in such cases. Your solicitor will advise you on what consultations might be needed to support your claim and will arrange these for you.

The Expertise and Attitude of Your Solicitor can Determine the Value of Your Medical Negligence Compensation

A good clinical negligence solicitor will always work to exact the best compensation amount for you, given your circumstances. It is important that you select a solicitor with the necessary experience in the area to which your claim relates. When making a clinical negligence compensation claim, you would be wise to question any solicitor you are considering instructing on what experience they have of successfully dealing with claims of a similar nature to your own. It is also important that you get on with your solicitor on a personal level and find it easy to talk with them, they are someone you are likely to be spending a great deal of time conversing with over the duration of your claim and this can last several years in the most severe of cases.

Specialist Legal Advice from Blackwater Law

If you believe you have received poor clinical care or advice from a medical professionals and wish to discuss making a claim for compensation, contact Blackwater Law Solicitors in Suffolk and Essex. Call 0800 083 5500 and a specialist solicitor will give you free initial advice on whether or not you may be able to claim compensation.