A Guide to making a Clinical Negligence claim

We want to make it as easy as possible for you to get answers to your questions, so below we have a basic guide to help you.

1.         When can I claim compensation?

2.         What can I claim compensation for?

3.         How do I find the right solicitor?

4.         Are there any time limits to bring a claim?

5.         How do I fund any claim?

6.         How will a Solicitor assess my case?

7.         What do I have to prove to obtain compensation?

When can I claim compensation?

If you have been injured physically or psychologically by a healthcare practitioner’s (doctor, nurse, midwife, dentist, health visitor etc) negligence, you may be able to claim compensation. If you are not sure whether to try to claim compensation, why not seek advice from Williamsons Solicitors who offer a free initial interview.

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What can I claim compensation for?

You can claim compensation for any injuries and financial losses that you can prove were probably caused as a result of the negligent treatment.

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How do I find the right solicitor?

You should use a local solicitor who specialises in the field of clinical negligence; they will understand the medical and legal issues. The Clinical Negligence Department of Williamsons Solicitors is approved by the Legal Services Commission and Action against Medical Accidents (AvMA).

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Are there any time limits to bring a claim?

In general, you must bring a claim for clinical negligence within 3 years from either:

• the date of the treatment that caused your injury; or

• the first date you could have reasonably discovered that you had suffered an injury wrongfully (“date of knowledge”)

However, there are exceptions to the 3 year time limit for children under the age 18 and those who cannot manage their own affairs because of a mental disability. In certain circumstances, a Judge may allow somebody to bring a claim after the 3 year time limit.

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How do I fund any claim?

There are several different ways to cover the legal costs, including;

• Public Funding (previously known as Legal Aid)

• Legal expenses insurance

• “No win – No fee agreements” – If the claim has a reasonable chance of success, Williamsons Solicitors often pursue cases in this way

• Trade union help

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How will a Solicitor assess my case?

When you first speak with a solicitor, they will make an assessment to decide whether they want to take on your case, based on how strong your case is. The Solicitor will base their decision on:

• What happened, particularly everything you can tell them;

• Your medical records, if you have them;

• Any complaints letters or other papers;

• How much your claim could be worth; and

• The medical and legal issues.

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What do I have to prove to obtain compensation?

You must prove 2 things:

1. That the care you received was below the standard that you could reasonably expect from a competent healthcare professional practising in that area of medicine (“breach of duty”); and

2. That you have probably suffered a physical or psychological injury as a result of the negligent act/omission (“causation”).

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