Clinical Negligence
NHS Complaints Procedure
How to Complain Most medical care and treatment goes well, but things occasionally go wrong and you may want to complain. So where do you start? Every NHS Organisation has a complaints procedure. To find out about it, ask a member of staff, look on the hospital or Trust's website, or contact the Complaints Department for more information. What Are My Rights? If you are not happy with the care or treatment you have received or you have been refused treatment for a condition, you have the right to complain, have your complaint investigated, and be given a full and prompt... Read more
Pursuing a Claim for Clinical Negligence
If you are seeking compensation for negligent treatment received by you then you should instruct a specialist clinical negligence Solicitor who will pursue a civil claim on your behalf. Some of the relevant issues relating to your case will be: Negligence To succeed it will be necessary to establish: That the health care provider was negligent and; That the negligent treatment has caused you injury or damage Test For Negligence The test is whether or not the standard of care received fell below the acceptable standard of a reasonable body of medical opinion in the... Read more
Funding Clinical Negligence Claims
Clinical negligence claims are expensive to run because of the detailed investigations that are needed, the often complex subject matter and the involvement of experts by each party. Ways of funding your claim are as follows: Community Legal Service Public Funding (Legal Aid) We are one of the few firms of Solicitors within the North East to hold a franchise to carry out Public Funding/Legal Aid work. Public Funding may be available to you if you qualify on financial grounds and if the Legal Services Commission considers that your claim is of sufficient value when compared to the... Read more
Conditional Fee Agreements in Clinical Negligence Claims (“No Win No Fee”)
A Conditional Fee Agreement (CFA) is a method of funding your case in which: We do not charge you if you lose your case If we succeed with your case we are entitled to charge a "success fee" in return for us taking the risk of not being paid. This is explained further below Your opponent would normally be ordered to pay all or most of your fees (including success fee) in the event of your winning the case We would usually agree with you prior to your entering into the Agreement to limit our fees to the amount recovered from your opponent All of the above means that... Read more
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