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Negligence Compensation Procedure Limitation Legal Aid No Win No Fee Specialist Solicitors

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Medical Negligence Procedure - Injury Compensation Claims

The medical negligence procedure for receipt of compensation is quite different from other types of personal injury claims dealt with buy solicitors. The Solicitors Regulation Authority (SRA) and the Legal Services Commission (LSC) both recognise these differences. The SRA has established a specialist clinical negligence accreditation panel and in order to apply for legal aid to the LSC on behalf of a client, a solicitor must belong to this panel. Membership of the clinical negligence panel is exclusive, comprising less than 1% of all UK solicitors who can demonstrate the requisite competence and experience in medical negligence procedure. All solicitors are however entitled to deal with clinical negligence claims using the no win no fee scheme.

SOLICITORS HELPLINE FREE ADVICE 0844 764 0738

NHS Complaints

A client who wishes to pursue a compensation claim usually starts the medical negligence procedure by making a complaint to either the relevant NHS trust or a GP. The answers provided can provide valuable evidence for any proposed court application in due course. If the client is not satisfied with the answers to the complaint, they can thereafter have the complaint independently reviewed by the Commission for Healthcare Audit and Improvement.

The next part of the medical negligence procedure is for the instructed solicitor to request copies of the relevant medical records from the health authority. In the past it was difficult to obtain the records necessary to support a compensation claim, and solicitors’ requests were often refused, precipitating an application to the court, however, requests are now routinely complied with, and the copies of the records are usually released to the solicitor without any problems.

One issue a solicitor must be aware of is the possibility that the client’s records are divided and are currently being kept in several different locations. It is critical to the medical negligence procedure that a solicitor take the necessary steps to ensure that they have their client’s complete medical record.

SOLICITORS HELPLINE FREE ADVICE 0844 764 0738

Consultants Reports

Upon obtaining the records, the next part of the medical negligence procedure requires the solicitor to make an initial review of the information, before passing the records to a medical specialist who will then perform an independent review and provide the solicitor with a written expert opinion on the client’s potential claim. In some cases the medical specialist may want to have further tests performed before submitting the final report to the solicitor.

SOLICITORS HELPLINE FREE ADVICE 0844 764 0738

Court Procedure

If the medical specialist’s opinion supports the client’s claim, then the next step in the medical negligence procedure is for the solicitor to issue a summons in the appropriate court and take the actions necessary to comply with established legal protocol.

If a settlement cannot be reached, then the claim will go to trial. All of the parties to the claim will attend the trial along with their solicitors and other legal representatives as well as their expert witnesses. A hearing is then conducted to determine whether or not the defendant was negligent and is therefore liable for the claimant’s damages.

The damages the claimant is to receive can be determined by the trial judge immediately after the defendant has been found liable. Alternatively, there may be a separate hearing at a future date after liability has been established to decide the amount of the award of compensation.

SOLICITORS HELPLINE FREE ADVICE 0844 764 0738

Specialist Solicitors

Our specialist medical negligence solicitors providing legal representation to patients located anywhere in the United Kingdom. All of our solicitors belong to the Solicitors Regulation Authority clinical negligence panel and are therefore authorised to apply for legal aid on behalf of their clients. To receive free legal advice about your potential clinical negligence claim, simply complete the contact form or email our offices or use the helpline and one of our specialist solicitors will telephone you to discuss your case.