Medical malpractice compensation claims: what to do

If you want a quick guide about what to do when it comes to making a medical malpractice compensation claim, this article may help you.

There’s lots to consider, but we can give you some simple pointers that can help you to better understand the process and how things work in terms of the No Win, No Fee.

We do need to assess all medical negligence claims we take forward, so this article is for general guidance only. It may be helpful for you!

Can you claim medical malpractice compensation?

You may be able to make a claim for medical malpractice compensation if you’ve been the victim of negligence due to a medical procedure or process.

This could be:

• Incorrect or late diagnosis;
• Incorrect or late treatment;
• Surgical or treatment mistakes.

Who’s your claim against?

Who the claim is directed against depends on who’s responsible for the problem. It could be your GP, or perhaps a hospital, or a physiotherapist.

Normally, if it’s an NHS organisation, the NHS will deal with the case and they usually use their own in-house departments. For private healthcare compensation claims, insurers will normally be involved, and they may instruct solicitors to deal with the case.

But this isn’t something you normally need to worry about. This is for us to deal with as your legal representatives.

Will you win your medical malpractice compensation case?

We won’t lie or give you false hope. Medical malpractice compensation claims can be incredibly hard to win because proving negligence has occurred as opposed to an unfortunate event isn’t an easy thing to do.

What we need to do is instruct an independent expert who provides a report for us, and this can be used to determine if the case has merit ore not. The Defendant may instruct their own expert, and there may be some battles to have. But again, that’s largely for us to fight on your behalf. One or more experts may need to see you for an appointment as well.

An important thing to consider is making sure you instruct a specialist and experienced law firm like us. That can give you the best chance of succeeding with a case.

What are the costs to claim?

The costs when it comes to a medical malpractice compensation can vary, and not all lawyers offer the kinds of things that we do.

Due to changes in the law that took place in 2013, there’s usually a deduction of up to 25% to cover legal fees that cannot be recovered from the other side if you win. If you lose, we offer No Win, No Fee arrangements.

Getting started

Getting started is easy. You can contact us for free, no-obligation advice. We can let you know if we’re prepared to offer a No Win, No Fee arrangement, and then the ball’s totally in your court.

If you want to go ahead, we can take your instructions over the phone if you want and get a claim set up and moving forward without delay.