Clinical Negligence claims process
Making a claim can see like a daunting and intimidating process when dealing with medical and clinical processes and organisations. But at Blake Morgan Injury Group Solicitors, we make it as simple as possible.
Simply tell us what happened and we will do the rest. We shall explain to you, in jargon-free language whether you are entitled to make a compensation claim and how the process works.
Our Clinical Negligence team have lawyers who are dual-qualified as nurses, midwives and doctors, who are sensitive to the issues involved in all medical negligence claims. We have the skills and the experience to get you the practical help and financial compensation you deserve.
Each claim begins with a one-to-one discussion with a clinical negligence expert about whether you are entitled to compensation. We strive to make it a simple, straight-forward process as we recognise that making a claim may seem a daunting process.
Please note: Legal action must begin within three years of the date that the incident occurred, or the date on which you had knowledge that you had suffered injury as a result of medical negligence. However, there are some instances where different rules apply concerning those without mental capacity. We are happy to discuss this with you.
If you decide to make a claim, we will send you some paperwork, that we can assist with completing if necessary. This gives us permission to start pursuing your claim.
Contacting the Defendant
In clinical negligence cases we will need to obtain your medical records and an initial medical report before we write to the Defendant with details of your claim, including injuries and financial losses, and why we consider them to be at fault. This is to ensure that an independent expert believes that negligence has occurred and very detailed allegations can be raised against the hospital or clinician. Once that letter is sent, the Defendant has 21 days to acknowledge our letter and then has up to 4 months to investigate the allegations. You don't need to do anything, just leave it all up to us.
Liability and Disclosure
If we are making a claim in England or Wales, once the Defendants have investigated your claim they must inform you if liability is admitted or the allegations are denied. If liability is admitted, depending upon the potential value and complexities of your claim, we may seek barrister's opinion before deciding upon a settlement offer to make to the Defendant. If the Defendant accepts our claim, we can then settle out of Court. If they don't, we instruct a barrister on your behalf and arrange a Court date where a Judge will determine the size of your award.
If the Defendant denies liability for the clinical negligence allegations made against them, they must explain why. We then reassess your claim and if we are satisfied that prospects remain strong we may involve a barrister or instruct a new expert and try and negotiate a settlement with the Defendant. If they reject our offer, we can take the Defendant to Court and ask a Judge to determine who was to blame and if (and how much) compensation should be awarded.
Settlement and Court Proceedings
We will keep you informed at all times about how your case is progressing, using language that is clear and easy to understand.
For further reading on the claims process, please see our guides: