Factors to Consider Before Making a Medical Negligence Claim

There are times when the family faces some unfortunate events which include family emergencies and even accidents.

Of course, we always want everything to end up well. But there are times when things go wrong unexpectedly.

Do you know what is worse than that?

It could be the fault of the doctor, the nurse and other medical practitioners.

What can you do about that?

If you have been involved in an accident or feel your duty of care was below practitioner standards, you may be interested in making a medical negligence claim. Here are some factors to consider before making a medical negligence claim.

Understanding Medical Negligence

The first step to your claim is understanding what medical negligence is. There is a wide spectrum in what can be considered valid for a claim, so it is important that you look at examples to help you decide on whether a claim is right for you. Examples such as failing to correctly diagnose a condition, administrating the wrong medicines as well as medical malpractice in treatment and surgery are all valid reasons for a medical negligence claim.

Many are hesitant to claim as they feel it could harm their chances in being seen for treatment again (especially if they need any corrective treatment), however making a claim will not affect your rights and you are legally entitled to be seen, regardless of making a claim. If you do not feel comfortable seeing the specialist who you are claiming against, you will be able to request another or visit another healthcare provider.

The Cost

Before you pursue your medical negligence claim, it is important that you research into the costs of the process and whether it is financially affordable for you. Legal action can end up becoming incredibly expensive and many claimants are hesitant to follow through due to the financial burden it could bring. Since April 2013, most medical negligence claims have been handled by a conditional fee agreement (otherwise known as a no win, no fee). Whilst claimants would use legal aid in the past, the alternative is to now use a solicitor who will be able to take you through the process and explain to you in detail what sorts of funding they offer. Understanding the costs of medical negligence claims UK beforehand will eliminate any possible problems in your claim.

The Solicitor

When looking for a solicitor, it is vital that you find one who specializes in medical negligence UK. There are many medical negligence solicitors to choose from so it can become overwhelming in finding one who can fight your case correctly and most importantly, be financially affordable.

Ensuring you take the time to look around at what each can offer will give you a clearer view of who is right for you and who will be able to win your case. One good example is The Medical Negligence Experts, as they provide a free advice line for potential clients, so you can first evaluate whether you have a strong claim or not before you buy their services. When going to your solicitor, they will be able to give you a rough idea of the likelihood of you winning your case and whether a conditional fee agreement can be arranged. Finding the best medical negligence solicitors around will put you in good stead in having a successful claim.

Your Evidence

The success of your medical negligence claim will depend on the types of evidence you provide. For your solicitor to be able to research into your claim, they will need as much evidence from you as possible. With that in mind, make sure to bring any paperwork, records or anything that you feel will be valid in your case to help make your claim stronger and more cohesive. Also, if you have had to take time off work due to your claim and injury, make sure to keep a record of all the money you have lost. Keeping a well-structured and detailed list of evidence will add weight to your claim and give you a higher advantage in winning.


The last step of a medical negligence claim is finding out how much compensation you will receive. The amount will depend on a variety of factors and particularly if you have suffered any ongoing pain, loss of earnings as well as long-lasting physical or emotional damage. If the treatment you received has left you with life-changing injuries and you need to have special adaptations made to your home as well as equipment to be able to function from day to day, you will likely receive a much higher form of compensation.

Also, you can make a medical negligence claim for a relative who has passed away or who do not have the mental capacity to make it themselves. However, bear in mind that for all claims, you must begin the process within three years from when the incident first took place. The sooner you begin your claim, the quicker you will be to receive the compensation and care you need.

If you need more information on whether a medical negligence claim is right for you, make sure to look online at the variety of websites that can provide you with the relevant information and guidance you need. Some examples are Citizens Advice and Mind.
Also, take the time to find the best solicitor for you as each will differ in what they can offer you, so it is important you research so you get the best deal possible.

1 comment

  1. This is awesome advice! A lot of people don't really want to file for medical claim because of the cost and time one has to invest. So they would rather live with the consequence of others stupidly than make a claim. Which in return has a bad consequence (aside from the damage that these doctors/ hospitals do) because they will keep doing the same thing with others. So it's good to know that there are companies who can do it for you without paying if you don't win. This has becoming a trend as well in other sector, like airlines who are not paying passengers their right due for their failure to keep their end of the bargain.