Using No Win No Fee Arrangements When Claiming For Clinical Negligence
Becoming a victim of clinical negligence (formally known as medical negligence) can be a devastating experience. After all, it is likely that you were already in a position of physical distress, and this caused you to seek assistance from a healthcare professional. To have additional pain and injury caused by clinical negligence can set you back many months, or even years, in terms of recovery.
Fortunately, you can take control of the situation you find yourself in and ensure you receive adequate compensation for your personal injury, even if the healthcare provider who you believe was negligent denies that they caused your trauma.
There is help available.
What Do I Need To Prove Clinical Negligence?
According to the NHS Litigation Authority’s annual report, there were 10,129 claims of clinical negligence in the United Kingdom in the 12 months leading up to March 2013, a rise of 11% on the previous year.
In order to make a claim for clinical negligence against a healthcare professional, you will need to show the following:
- The healthcare professional owed you a duty of care;
- The healthcare professional breached that duty of care;
- That breach has caused you harm; and
- You have suffered injury, loss or damage as a result.
The first two points relate to the proving of negligence on the part of the healthcare professional, the second two points are about proving that their negligent act caused the loss or damage the claimant has suffered. This can sometimes prove difficult in clinical negligence compensation claims, as the claimant must be able to prove that the subsequent injury, loss or damage was not related to or caused by their original medical condition.
Most no win no fee law firms will only take on cases where they believe that the claimant has a better than average chance of being successful. Therefore, it is important to provide access to your medical records and give a full and frank disclosure of the situation when consulting a personal injury law specialist.
Examples of Successful Cases
There are many examples of successful claims being brought against a healthcare provider for clinical negligence in the media. These include:
- £500,000 compensation for a man who suffered from brain damage due to negligent anaesthetic treatment.
- A woman who suffered a spinal injury later developed pressure sores due to sub-standard hospital care. She was subsequently awarded £1 million.
- Compensation for young parents whose infant died after a staff member at a hospital misread the CTG scan. Due to the failure of the scan being read correctly, a C-section was not performed until it was too late.
- £10.8 million awarded as compensation to parents whose child developed cerebral palsy and other debilitating conditions. Staff at the hospital she was born in failed to notice her heart had stopped beating causing irreversible damage. The compensation will be used to cover the child’s need for lifelong, 24 hour care due to the clinical staff’s negligence.
How to Make a Clinical Negligence Claim Using a No Win, No Fee Arrangement
If you have suffered from a loss or personal injury that you believe can be attributed to the negligence of the medial practitioner responsible for your care, then contact a personal injury solicitor who specialises in no win no fee claims. They will be able to assess your position and advise you on whether you have a chance of making a successful claim for compensation.
If you would like to find out more, please click here or call us on 0800 221 8888.