How to bring a clinical negligence claim
Clinical negligence claims can be extremely complicated and it is therefore essential that you seek specialist legal advice.
You need to ensure that you instruct a solicitor who has proven experience and expertise in pursing clinical negligence claims.
Instructing a solicitor
You should look for recognised quality marks when searching for a lawyer. This will include the firm being franchised with the Legal Services Commission (which means that the firm can offer legal aid). The significant benefit of this franchise is that you can be assured that the firm has undergone independent audits to prove their expertise. There are only a limited number of franchised firms in the country.
Other quality marks are those from Action Against Medical Accidents (AvMA) and the Association of Personal Injury Lawyers (APIL).
Foot Anstey hold both a franchise with the Legal Services Commission and are accredited with AvMA and APIL. We are also on the referral panels for the Spinal Injuries Association and Headway.
In addition to the accreditations, Foot Anstey has been recognised in legal directories. The Legal 500 recently described the team as doing 'a fantastic job' whilst the Chambers & Partners described the team as 'highly rated' and recognised several team members as being leaders in their field.
Brief overview of the claims process
Stage 1
The process of bringing a claim can be very complicated. In its simplest terms, a claim must normally be brought within three years of the act of negligence. However, different rules can apply if the claimant is a child or does not have capacity to manage their own affairs. Indeed, there is also a question of date of knowledge too. You will need to take advice on this.
Stage 2
Once you have instructed a solicitor, if they decide your claim has reasonable prospects of success, they will ask medical experts to look at the care you received and see if it fell below that expected of a responsible body of clinicians. If it is concluded it did, another expert will be instructed to consider the effect of this negligence. This investigative process can take a long time. Once expert reports have been received, your solicitor will decide whether it is in your best interests to pursue the claim.
If it is, your solicitor will then draft a Letter of Claim to be submitted to the Defendant. If there is no admission of liability or offers to settle the claim, it may be necessary for your claim to proceed to court where a judge will decide whether the act was negligent, and if so, how much compensation you will receive.
Please read the following guides below for more detailed information on the process and the legal tests involved.
Guide to Clinical Negligence Claims
If you are bringing a claim following the death of a loved one, please refer to our section on fatalities
After my claim
If a claim is successful you should give consideration as to any effects compensation received could have on you life, or that of a loved one. You may wish to consider a Personal Injury Trust to ensure you do not lose your means tested benefits or you it might find this is an opportune time to make or update your Will. Foot Anstey can help you in these, and other legal matters that may arise, and your solicitor can discuss this with you if you would like more details.
Inquests
If a person has died, due to a violent or unnatural death, or a sudden death as to which the cause of death is unknown, an inquest could be requested. Foot Anstey have represented many clients at inquests and have helped bereaved families seek answers to questions surrounding the death of a loved one. To find out more about inquests and how Foot Anstey may be able to assist you, visit our Inquest page
Related Links
Deputies in Personal Injury (PI) Trusts
