At your very first free consultation and assessment of your case with us, the Attwaters Jameson Hill Medical Negligence team will clearly explain the various options that may be available to help you fund your claim.
Court proceedings for medical negligence must normally start within three years of the treatment or care regarded as negligent, or the date when someone could reasonably have known that the consequences were due to this.
A medical negligence claim may be pursued against any healthcare provider or medical professional, but a decision to proceed should not be taken lightly.
Funding Your Claim
These may include:
- Legal Aid – (this has been under Government review for medical negligence cases)
- ‘No win, no fee’
- A complex case may require a contribution to investigation costs which are recoverable from the defence if your case is successful – but we usually fund cases with merit ourselves
- Occasionally, existing legal expense insurance or private payment may be used
Timescales for Your Claim
For minors, the three-year period starts to run on their 18th birthday. No time limit applies for someone with continuing mental incapacity.
Medical negligence cases may be complex, so bringing a claim is often time-consuming at each step of the process. For example, Attwaters Jameson Hill’s Medical Negligence team may need to obtain independent expert advice to solidify the likelihood of a successful claim. Or, on receiving a Letter of Claim, a medical provider can take in excess of four months to investigate the allegations and provide a response.
Once commenced, a claim may typically take about 12-18 months if settlement can be agreed. If Court proceedings are required, a case can take a further 12-18 months to conclude.
If Court proceedings become necessary, the extra time taken may depend upon whether the defendant accepts that treatment was negligent and upon the complexity of assessing a suitable compensation amount.
If the facts are straightforward and the impact on the patient is not severe, a case may be concluded within 6 months. Such cases tend to be exceptional.
The Attwaters Jameson Hill Medical Negligence team pledges to provide you with a realistic timescale estimate for your claim at the outset and to keep you regularly updated on any adjustments to this as the case progresses.
Who to Claim Against
Most providers offer an exemplary service and are committed to high quality healthcare; but occasions arise where treatment or care is below an acceptable standard and can result in life-changing injuries and financial hardship or even death.
Causes for legal action may arise from everyday care or minor treatment as well as from major medical procedures.
The Attwaters Jameson Hill Medical Negligence team has successfully pursued claims against many and varied treatment providers, including:
- NHS and private hospitals
- Private clinics
- Hospital doctors and surgeons
- General practitioners
- Dental surgeons
- Osteopaths and physiotherapists
- Psychiatrists and psychologists
- Cosmetic beauty practitioners