Building Your Clinical Negligence Case

How To Apply For Compensation After Poor Medical Treatment

If you’re physically suffering following substandard medical treatment, then you might be eligible for clinical negligence compensation.

The NHS provides an incredible public health service for Brits, and the entire service has experienced unprecedented challenges this year with the onslaught of the Covid-19 pandemic. Unfortunately though, however excellent the standard of the healthcare is, mistakes do occur. Where clinical or medical negligence occurs, this can cause long-term health problems, and potentially even wrongful death. The NHS paid out £2.36 billion in clinical negligence claims during 2018-19, which was up from £2.23 billion the year before, according to the Times. With all hospital trusts contributing to a shared pot known as the Clinical Negligence Scheme for Trusts, money is available to those who have not received the standard of medical care that they deserved. If you feel that you have received substandard care, then you may wish to look towards building a clinical case against the NHS.

What Can You Claim For?

The amount of compensation you might receive in a clinical negligence case very much depends on the type and extent of injury or illness you’ve experienced, as well as who is claiming. If you’re a partner or child of someone who has wrongfully died following NHS care, then you may be able to claim for the pain and emotional suffering you’ve experienced as well as loss of earnings of your loved one if you were financially dependent on them. If you’re claiming due to a serious deterioration in your own health, then you may be able to claim for loss of current and future earnings, ongoing pain, medical bills and punitive costs.

Building Your Case

If the hospital has launched their own inquiry, then you may request an audio copy of any hearing that takes place, including those you’re present at. Legal transcription services will convert these recordings into written format for your choice of lawyers to go through with a fine toothcomb. These should always be created by medical transcription experts who are well-versed in medical terminology and will accurately detail the evidence as it is mentioned in the recordings. You’ll also need to apply for access to medical records which may include x-rays, scans and notes that were taken during any hospital stay.

Choosing The Right Representatives

To build the strongest possible medical negligence case, your lawyer may need to hire an independent medical professional who can provide an expert opinion and provide a detailed account of the extent of the physical damage to a person.

Unless you happen to be a legal professional, you’ll also need access to a reputable and professional medical negligence firm. Many of these operate on a no win, no fee basis which means that you won’t be at financial risk during the duration of your case. A conditional fee agreement will be drawn up which outlines the payment structure if you win your medical negligence suit. This usually involves paying a success fee of around 25% to your legal team out of your compensation, though you may also need to budget for an After The Event insurance premium also to cover the cost of disbursements and other court costs.

Although it can feel overwhelming to take on the NHS in a legal case, be advised that there are time constraints involved in such disputes, so it would be best to seek professional legal advice as soon as possible to ensure you receive the compensation you deserve.

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