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FAQs Answered on Clinical Mishap Claims

Even though, the UK healthcare has proven to be consistently good over the years, yet at times the experts end up showing traces of negligence to the patients, which results in detrimental effects. You must have heard about the clinical negligence claims that can be secured only when you have endured injuries out of no-fault accident. Well, as the number clinical negligence solicitorsof medical mishaps claims is comparatively lesser than the others, it is quite obvious that the plaintiffs would not have enough information about the legal details of the hospital negligence case. Here are a few answers of the frequently asked questions by majority of the clinical disaster victims.

Am I Eligible to Get Medical Negligence Compensation

Before filing the case, it is essential to know whether you are actually liable to receive compensatory rewards or not. Make sure you had no share in the medical mishap. At times the patients or his family member end up reading the prescription wrongly, because of which he has to go through inappropriate treatment. Well, this type of medical negligence happens as the result of the patient’s ignorance, which is not at all claimable. Following are a few cases against which the victims can receive fair compensation.

  • Wrong surgery
  • Wrong treatment
  • Wrong diagnosis of the disease
  • Stillbirths or neonatal deaths
  • Slip and trip accidents
  • Spread of diseases due to unhealthy hospital atmosphere

What do I need to file the claim

When you are assured about the claim, start collecting the documents. The first thing to collect is the medical bills and the report, which will decide the tenure of the case and at the same time, help to determine value of compensation as well.

How can I determine the value of my case

You might take help of the compensation calculator to decide the amount of the claims. You might have to answer a few questions to know whether the case is a fast track one or a slow track. With the help of the approximate chart list, made according to the severity of the injury, you can simply know about it. Well, the solicitors are also there to calculate the same for you.

Is the legal process expensive

Well, funding a legal action could be very expensive and especially when a whole lot of money is already drained after the medical treatment. Other than this, the solicitor’s legal fee is an additional expense. What you can do is, opt for the no win no fee claims. According to such a claim, the victim will not have a single penny until they win the case. The best thing about this is, the plaintiff can pay the legal expenses with the winning amount.

Whom to appoint

It is quite obvious for you to get confused when appointing the solicitors, especially when there are innumerable solicitors. It is suggested to appoint the ones, who are specialized to deal with all sorts of hospital negligence cases. It would be better for you to consult the experienced ones.

medical negligenceIs the solicitor’s fee is huge

Well, it varies from place to place and solicitors to solicitors. The most predominant factors that determine the fee structure of the lawyers are,

  • Education: the higher is the qualification; the huge would be their fee structure. Majority of them is supposed to have a minimum qualification of bachelor’s degree in law.
  • Place: the standard of living of the place is one of the most dominating factors that affect the fees of the solicitors. In places with high standard of living the remuneration automatically rises. Thus, it is up to the clients to make the decision.
  • Experience: well, experience counts a lot. Hence, it is quite natural for the experienced solicitors to demand more than the interns are. With the help of the no win no pay agreement, appointing a highest paid solicitor is not a difficult job anymore. But then, if it is a low value claim you need to think about it.

How can I help my case from being a contributory negligence claim

The one and only solution to this is you should follow all that is prescribed. Change the hospital or the surgeon as soon as you realize the symptoms of any cases of clinical negligence. Make sure all that is prescribed to you is followed properly.

What are the do’s and don’ts I need to follow

Other than collecting the proofs against the guilty and gathering bills, it is important to follow a few legal ethics in order to win the amount of compensation, such as,

  • Only file a no-fault claim. Don’t try to mislead the court and the solicitors
  • Do keep things confidential
  • Make sure you consult your appointed solicitor when attending any meeting with the litigant and his lawyer or signing any documents.
  • Give detailed information about the clinical negligence claims. Don’t hide anything from the solicitors.
  • Be up-front when talking to the legal advisors and discuss all that you expect from the claim.
  • Don’t discuss regarding the case with anyone else, other than the solicitors.
  • Do keep a copy of every legal document with you.

Along with all the documents, the solicitors will be ready to file the case in the court. On appointing the legal advisers  you need to worry about anything regarding the case. Right from, collecting the evidences against the guilty to representing the case, all are done by the solicitors. They make sure to win the case with honesty and logical arguments. Well, you can rest in your house and concentrate on your treatment when the solicitors are fighting in the court. On winning the value, the amount would be handed over to you or else if you have signed no win no fee agreement with the solicitor, then their legal fee and success fee would be deducted from the compensation and the remaining would be left for you. If you want know more about these solicitor, you can browse through their website.

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