Our medical negligence solicitors can help you make a No Win No Fee claim, giving you the best chance of securing compensation for substandard treatment.
Medical negligence – also known as clinical negligence or medical malpractice – refers to substandard medical care which has directly led to an injury or worsened an existing condition.
If this has happened to you or a loved one, you could have grounds to make a No Win No Fee medical negligence claim.
Whether the treatment you received took place within the NHS or privately, we’re here to support you if you decide to take legal action.
This will largely depend on where you received your treatment. Part of your solicitor’s role is to identify who is responsible for the negligence you suffered. So you don’t need to worry if you’re not completely sure.
Your solicitor will reach out to the NHS trust, hospital or insurer (in the case of private healthcare) on your behalf with the details of your claim.
If your claim is brought against an NHS trust, the money won’t be directly taken from NHS services.
Instead, compensation will be paid through NHS Resolution, which has funds allocated for exactly this reason.
Making a claim can seem daunting, so we’ve broken down the process into stages:
1. Gathering information
Try to keep a record of how you’ve been affected by medical negligence. Make sure to include the dates, times and names of anyone involved. If there are any supporting or relevant documents, collect them and keep them together.
2. Contacting a solicitor
Contacting a medical negligence solicitor early will help you work out where you stand. They’ll review the information you’ve gathered and work to secure the best possible outcome for you.
3. Building your case
After your initial consultation, your solicitor will start to build your case. This will usually be with the help of an independent medical expert who will determine whether the care you received was substandard.
4. Sending a letter of claim
Your solicitor will contact the organisation responsible for the negligence you suffered (the defendant). They will set out what happened, why the defendant is believed to be at fault and how much you should be paid in compensation.
5. Reaching a settlement
If the defendant accepts responsibility for your injuries, your solicitor will negotiate a final settlement. But if responsibility is denied, negotiations will continue. If communications break down, your case may go to court – but this is very unlikely.
Each case of medical negligence is unique, so these stages should be taken as a guideline.
Your solicitor will be able to give you a more detailed idea of what the claims process will involve.
The potential cost of taking legal action doesn’t have to be a concern.
Solicitors in England and Wales typically offer a No Win No Fee arrangement for medical negligence claims. This means there will be nothing to pay upfront and no costs to cover if your claim is unsuccessful.
Our No Win No Fee solicitors will take a success fee from the compensation you are awarded for a successful claim in the form of a percentage of your damages. This could be up to 25% but it won't be more than that, except in cases of road traffic accidents. Changing laws mean our solicitors will now take a payment of 35% of the final compensation amount plus VAT for all road traffic accidents.
First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.
Encouraging people to get the justice they’re entitled to, Jacqueline Busby, Head of Legal Services at First4Lawyers, said:
“As a qualified solicitor, I’ve seen the immense impact that medical errors can have on individuals and their families.
“Claiming compensation for medical negligence could be a great help in your recovery. It can cover the cost of any further treatment, medications and any care you might need.
“But making a medical negligence claim isn’t just about seeking compensation. It’s also about holding healthcare providers accountable for their actions and trying to ensure that similar mistakes are not repeated.
“We know the prospect of making a claim can feel daunting, especially at such an emotionally difficult time. But we’re here to help you take the first step towards compensation and support.”
Medical negligence claims typically need to be made within three years.
This could be three years from the date the negligence took place, or from when you first became aware of it (usually through a later diagnosis.)
There are some exceptions to the time limits, though. We’ve explained this in more detail in our medical negligence time limits guide.
Whatever your situation is, we would always suggest speaking to a legal professional as early as you can.
Each experience of medical negligence is different. This means that any compensation you’re awarded will depend on your specific situation and the extent of your injuries.
But if your claim is successful, your compensation will be split into two categories: general damages and special damages.
General damages are designed to compensate you for the pain and suffering you’ve endured because of a medical professional’s negligence.
Special damages cover any financial losses you’ve suffered due to medical negligence. This will include any loss of earnings if you’ve been unable to work, as well as any money you’ve had to spend as part of your recovery – for example, paying for further treatment or care.
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There are a number of steps in the medical negligence claims process, most of which have deadlines for responses:
Remember that every case of medical negligence is unique, which means it can be difficult to say exactly how long it will take to settle your claim.
As we’ve mentioned, it’s rare for medical negligence cases to go to court.
In the year up to April 2024, 81% of claims made against the NHS were successfully settled without court proceedings. So you shouldn’t let the fear of having to appear in a courtroom deter you from making a medical negligence claim.
Your solicitor will continue to negotiate with the other side even after proceedings are issued. So it’s possible that your case could still be settled outside of court.
Making a medical negligence claim won’t undo what happened to you. But it could help to provide you with a sense of justice.
We work with expert No Win No Fee medical negligence solicitors, and we can find the best match for you based on your individual needs.
Suffering any form of medical negligence can cause immense stress. Our aim is to remove some of the burden, so you can focus on spending time with your loved ones and getting better.
We’ve already helped thousands of people who have been affected by medical negligence. One of these clients was Justin, who received £15,000 in compensation after his broken wrist was misdiagnosed.
To find out how we could help you, get in touch.
All you have to do is give us a call, request a callback or start your claim online.
We’re here to help you get justice for what you’ve been through, whenever you’re ready.