The first thing to do is to establish whether you are able make a claim.
Geldards' clinical negligence team have many years’ experience of working with those affected and will be able to explain in detail how the process works.
We will gather evidence to investigate your claim as soon as funding is in place. An experienced lawyer in our team will obtain and review your medical records with expert scrutiny to piece together the complete picture.
Essentially there are two parts to a negligence claim and each part must be credible for a claim to proceed.
ONE – Liability
We will need to prove that your treatment was negligent (below an acceptable standard) and this must be evidenced by an independent expert.
TWO – Causation
We will need to demonstrate that you have suffered an injury or worsened medical condition which has been caused or materially contributed to by that negligent treatment.
Patients usually only have one chance to investigate and pursue a medical negligence claim so it is important to instruct specialists who will provide the expertise and level of service to ensure that your claim has the best possible chance of success.
Bringing a claim can be also help ensure improvements in medical standards and treatment, so that the same thing doesn’t happen again.
We will carry out an investigation which will includes instructing a medical expert from Geldards' database of experts ensuring that a reliable, independent and expert medical professional is at your disposal. Provided the expert is in support of the claim we will send a Letter of Claim to the Defendant (the hospital, GP or medical practitioner concerned) on your behalf. The Defendant should then respond to the Letter of Claim within four months.
Over 99% of our clinical negligence cases are resolved out of court. Our lawyers are skilled negotiators and work hard to obtain full compensation for injured patients.
The general rule is that a patient has 3 years in which a claim form must be issued at Court. This period commences from either the date of the negligent mistake, or the date that they could first become aware of it. We can advise you on this important deadline. The Limitation period for children under the age of 18 when the negligence occurs expires on their 21st Birthday. As cases are subject to time limits it is best to contact a solicitor as early as possible to ensure your case can be dealt with.