Clinical Negligence FAQs from Hilary Meredith Solicitors

Questions:

• Clinical Negligence
• Are there any time limits to making a claim?
• Does it cost me anything for an initial discussion?
• How much will it cost me?
• What is the first step in a Clinical Negligence Claim?

Answers:

• Are there any time limits to making a claim?
  

  Yes.  There are certain time limits within which court proceedings must be started.

  For claims involving clinical negligence, this is usually 3 years from the date of the negligence, or the date on which you became aware or ought to have been aware of the negligence, if later.  If the treatment involves a child, the 3 year time limit runs from his/her 18th birthday.

  We would be able to confirm the time limits during the initial discussions with you.

   

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• Does it cost me anything for an initial discussion?
  

  No.  We will be pleased to answer any initial worries you may have by telephone or e-mail.  If you wish us to telephone you then please send your telephone number to us via the 'Start your Claim' button.  You will be under no obligation to continue your claim if you decide not to.

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• How much will it cost me?
  

  There are four methods of funding a claim:-

  • Public Funding (formally referred to as Legal Aid)

  This is dependent on your financial circumstances.  We will therefore assess your eligibility to determine whether an application for public funding would be appropriate.

  • Legal Expenses Insurance

  Some insurance policies, such as household/contents insurance will provide you with legal cover to pursue a claim.  We will ask to see a copy of any policies you have in order to advise you on whether you are likely to be covered.

  This may also apply if you are a member of a Trade Union.

  • Conditional Fee Agreements (No Win No Fee)

  We may be able to take your case on a No Win No Fee basis.  We will discuss this with you.

  • Private Funding

  We will give you an estimate of the likely costs to be incurred on a private basis.  The costs will largely depend on the nature of the claim and the extent of the evidence and investigations required.

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• What is the first step in a Clinical Negligence Claim?
  

  The first step should be to speak to the doctors, nurses and other relevant health professionals involved in your, or a relatives care, regarding your worries.  If you remain disatisfied you can pursue a formal complaint to the designated complaints manager at the Hospital or your GP surgery.  Your local Patient Advice and Liaison Service (PALS) or your local Citizen's Advice Bureau would be able to help you with this.

  If the answer you receive is still not satisfactory and you are seeking compensation then you should contact us immediately.

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