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Making a Clinical Negligence Claim

It will be necessary to obtain all of the relevant health records, and a medical expert will need to be instructed to prepare a report to give a professional opinion that the standard of care was unacceptable, and whether or not it caused the injury.

Your solicitor will then write to the other party, setting out the basis of the claim. The other party then has three months to investigate the matter. At the end of this period they may admit that they are responsible for the injuries and a settlement figure can be negotiated.

If responsibility is not accepted, it may be necessary to take the case to court, so that a judge can decide whether the other party was responsible or not.

How is compensation calculated?

Compensation for clinical negligence claims can be broken down into four components:

1. Pain suffering and loss of amenity
2. Past financial losses
3. Future financial losses
4. Interest

Loss of earnings tend to make up a large part of the financial losses in many cases.

Funding the claim

Legal Expenses Insurance:

You may have legal expenses cover that you are not even aware of under existing insurance, such as car and household insurance policies. If you do have such cover, the insurance company will pay your legal costs.

Legal aid:

If you have a low income you may be eligible for legal aid. If you are in receipt of income support, income based job seekers allowance, or state pension credit you are automatically eligible.

However, if you have a disposable income of less that £698 per month and have capital of less than £8,000 you may also be eligible, but may need to make a financial contribution.

Children are automatically eligible for legal aid.

“No Win, No Fee”

If no other funding option is available, your solicitor can pursue the case under a Conditional Fee Agreement, commonly known as a “No Win, No Fee” agreement. If you are successful, your solicitor will obtain their fees from the losing party and NOT from your compensation.

Your solicitor will also ensure that you have insurance in place to pay for the other party’s costs in case you lose. You may already have this insurance under an existing policy, as explained above. Failing this, After the Event insurance will be taken out, which you will not be asked to pay for.

However, before a Conditional Fee Agreement can be entered into, it is likely that your solicitor will ask you to pay for your medical records and the cost of an initial medical report, so the strength of the claim can be fully assessed.

Choosing a solicitor

It is important to choose the right solicitor because clinical negligence claims are by nature complex. Moore Blatch Resolve is a leading firm in this area of the law, with team members who are both qualified in law and medicine. Moore Blatch Resolve has the highest accreditation from the Law Society and is one of only a small number of firms that can offer legal aid in this area.

Making a claim may seem like a daunting task but our expert claim handlers will make your claim as straightforward as possible and support you throughout your claim. We have a national team of claims consultants who will be happy to see you in your home, at work or even in hospital in order to explain matters further and complete the paperwork for you.
Find out now if you have a claim - simply call our freephone 24/7 helpline number 0800 731 2586, or complete the online enquiry form for totally confidential, free, no obligation expert advice.
We offer a “no win no fee service” and you will receive 100% of your compensation.

If you wish to read more detailed information about our clinical negligence services please visit our dedicated clinical negligence website www.clinicalclaims.com

• Guide to clinical negligence