Medical Negligence Solicitor In Leicester
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Medical Negligence Solicitors in Leicester
Have you or your loved one being let down by a medical professional you trusted with your health? It doesn’t have to have been deliberate. Our medical negligence solicitors in Leicester know that medical negligence is often the result of plain error or oversight rather than a specific intent to cause harm, but there is no need for you to suffer because somebody else made a mistake.
Claiming compensation is a way of giving you the opportunity to make the best possible recovery. Payment can give you access to resources such as private medical treatment, and ensure you do not suffer financial difficulties even though you may have suffered from physical damage.
When you choose to work with The Medical Negligence Experts, you opt to work with a team of lawyers who specialise in obtaining maximum compensation for clients injured as the result of medical negligence. Talk to us today to find out whether you may have grounds to claim compensation and, if so, how to do it.
Claiming Compensation for Medical Negligence in Leicester
Proving negligence is not easy. The success of your claim rests on the ability of your solicitor to show that, rather than your injury resulting from a pre-existing condition or simply bad luck, it was the result of somebody else’s error and should never have happened.
Once our medical negligence solicitor in Leicester has determined you have legal grounds to request payment of compensation, and you have agreed to do so, they will notify the other party in writing that you intend to make a claim.
The next stage of the process is to obtain the evidence to prove that your injury was the result of negligence and not due to a pre-existing condition or other cause. It is important to be thorough at this stage so that the other party has no grounds to reject your application. The less reason they have to argue, the faster your claim settles and the sooner you will receive payment.
What happens next with medical negligence solicitors in Leicester
Once the application has been submitted to the other party’s lawyers, they have four months to review the evidence, conduct their own investigation, and respond in writing confirming whether they agree with your belief that your injury was due to negligence, or whether they deny responsibility. It is at this point that negotiations begin.
Your medical negligence solicitor will do all they can to settle your claim out of court, but they will not do so at the expense of securing a fair and reasonable amount of compensation for you.
If there is any ongoing disagreement about where the responsibility for your injury lies or how much compensation you are entitled to, we may advise you to begin litigation and submit your application for a judge to review and make a ruling. The judge’s decision is final, and because a court date can take up to a year from the application, we only recommend it as a last resort.
Common Types of Medical Negligence Claims
The Medical Negligence Experts can assist with any kind of claim no matter if you were treated under the NHS or sought help from a private practitioner.
Types of claims we handle include:
* Eye-injuries both caused by poorly done corrective laser surgery or as the result of negligence on behalf of an optician to identify concerning swelling or symptoms.
* GP negligence such as failing to refer a patient to a specialist for further assessment or treatment, making a mistake when prescribing medication, or neglecting to keep accurate patient notes which led to an injury when a patient sought treatment at a later date.
No Win No Fee* Medical Negligence Claims in Leicester
No Win No Fee medical negligence claims in Leicester make it affordable to get the compensation you deserve. A No Win No Fee* agreement is where your solicitor accepts the financial risk associated with making a claim where there is no guarantee you will receive any payment of damages.
Instead of paying thousands of pounds upfront, you only need to pay your solicitor a success fee if they obtain compensation. This success fee is agreed at the start of your claim and is allowed to be no more than 25% of the total compensation awarded to you.
If your application is not successful, your lawyer will waive their legal fees, and a specialist After the Event insurance policy will ensure you do not have to pay your opponents expenses should they try to reclaim these from you. We can help you arrange insurance if you do not already have adequate cover.
In addition to minimising financial risk, a significant benefit of making a No Win No Fee* compensation claim in Leicester is receiving the assurance that your solicitor will be working their hardest to obtain maximum compensation on your behalf. They are as invested in the outcome as you are because their payment depends on it too.
Claiming Compensation on behalf of Another Person
We are often contacted by family members or close friends of victims of medical negligence. The concern is that the victim will suffer financial hardship because they are unable to raise a claim themselves, possibly because they are under the age of 18, or maybe because they lack the mental capacity to handle their financial affairs legally.
It is certainly possible to start a claim on behalf of someone else. The person who does so is called a litigation friend, and they need to obtain approval from a court to act in this manner. Requesting this authority is a relatively straightforward matter with which our medical negligence solicitors in Leicester can assist.
Once you have received a court’s approval to act as a litigation friend, the procedure for claiming compensation is almost identical to claims brought directly by the victim. The only difference is that the judge must agree to the settlement payment and the way the funds will be managed to benefit the Victim.
If you want to know more about acting as a litigation friend for a loved one, then get in touch with The Medical Negligence Experts today. You can do this either by calling our freephone number or by completing the online contact form and letting us know when you would like us to call you.
Settling a Compensation Claim out of Court
We mentioned that claims brought by a litigation friend need to be settled in court. This requirement is different for claims brought by the victim, as the majority of our claims settle without necessitating any intervention from a judge. We understand the prospect of a day in court, where you may be questioned by a judge and the opponent’s lawyer, is not appealing to you.
The Leicester Medical Negligence Experts always work our hardest to obtain an out of court settlement for you. But we will not do so at the risk of achieving financial justice. If there is a possible party denies liability or refuses to agree to an acceptable payment, we may advise you to apply to the court for a judge to review your claim.
Medical Negligence Claims FAQ
As your solicitor, our job is to make claiming compensation as easy as possible. To assist you, we have listed some of the most frequently asked questions about making a medical negligence compensation claim and the answers. Of course, should your question not be answered, or you require more details about your particular circumstances, simply call and ask to speak with one of our legal advisors.
Can I claim compensation?
To determine whether or not you are entitled to request payment for damages, ask yourself these questions:
- Have you received an injury or has your health worsened?
- Was this caused by someone else?
- Did it happen within the last three years?
If you can answer “yes” to these three questions, you may have grounds to claim compensation legally.
How long will my compensation claim take?
Medical negligence compensation claims typically take longer than standard personal injury claims due to the complexity of proving negligence. A typical case takes between 12 and 18 months from the submission of an application to receipt of settlement. This time may be extended if your claim goes to court, or if the long-term implications of your injury are unclear and it cannot be accurately determined how much compensation is appropriate. In the latter example, providing the other party admits responsibility, we may be able to obtain an interim payment of compensation to cover your short-term financial expenses. This amount will be deducted from your final payment amount.
How much compensation will I receive?
The amount of compensation you can expect to receive is dependent on your injury. Generally speaking, claimants left with life-altering disabilities or ongoing medical needs, will receive a higher payment that a victim who can recover fully from the injury and continue with their lives as normal.
Included in your award will be recompense for any money you have had to spend as the result of your injury. This amount can cover items such as travel costs to medical appointments, private medical treatments, prescription medication, and mobility aids. Also included in your compensation award is money you may have lost through being unable to work in your former capacity, and possibly even predicted future loss of earnings for your pension.
Talk to your lawyer if you are unsure about what may be covered in your compensation payment.
Will my claim affect my right to treatment?
Whether your claim is successful or not, requesting compensation when you believe you have a genuine right to do so will not affect your treatment or the way you can access care, even if it is in the same hospital.
What will happen to the doctor or medical professional who treated me?
Compensation is not paid directly by the person who was responsible for your injury, or even by their employer. All medical bodies have relevant insurance to cover the expense of paying compensation to victims hurt as the result of negligent care provided by their employees.
The compensation process is not a disciplinary process. There is no guarantee that the hospital, GP surgery, or medical employer will take any further actions or even launch an investigation. Although we hope your claim has the effect of challenging flawed processes or training to prevent patients being harmed in the future, there is no guarantee that this will happen or even that you will receive an apology.
Any disciplinary action the perpetrator’s employer desires to take will in no way involve you.
Are No Win No Fee* Agreements really that Simple?
We believe in being completely honest and transparent about the way your claim is funded. There are no hidden charges, and your solicitor will answer any questions you have and explain the different funding options available you so that you are confident in the way you No Win No Fee* agreement works.
Can I claim compensation for emotional or psychological trauma resulting from medical negligence?
Though very rare, it is possible that medical negligence may entitle a victim to seek compensation. Psychological injuries typically occur in a situation where a patient was partially awake or aware, during surgery. Talk to us if you believe you have suffered a legitimate psychological injury such as PTSD so that we can assess whether you may be entitled to request payment of compensation.
With the support of the right solicitor, claiming compensation can be a positive way of taking back control over your life and not allowing your injury to dictate your future.
The Medical Negligence Experts offer a free, no-obligation consultation to anyone considering seeking compensation, or even those who would like to know whether it is an option for them.
Call today, or complete our online contact form and find out how we can help you.
*Please note that certain conditions may apply.