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:

1. The healthcare professional owed you a duty of care;
2. The healthcare professional breached that duty of care;
3. That breach has caused you harm; and
4. 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 0333 400 4445.

Mesothelioma Bill causes controversy

The government’s Mesothelioma Bill is currently (as of mid June) being discussed in Parliament. However, concerns have been raised that the new legislation will deny hundreds of people access to compensation for other asbestos-related diseases contracted in the workplace.

The Bill will create a payment scheme enabling people to receive compensation for developing Mesothelioma, a form of cancer caused by exposure to asbestos, if the victim’s employer or their insurance company can’t be traced. Up to 3,500 people are expected to benefit.

However, in its current form the Bill will only allow people diagnosed with Mesothelioma after 25 July 2012 to claim under the scheme. It makes no provision for people with other asbestos-related conditions such as asbestosis and pleural thickening, who could end up with no way of getting compensation.

A spokesperson for Injury Lawyers 4U, a national network of personal injury solicitors, commented: ‘If the Mesothelioma Bill is passed as it stands, this is very bad news for anyone diagnosed before the cut-off date, or who develops a different type of asbestos-related condition and then cannot trace their former employer.’

‘It’s a well-known fact that asbestos-related illnesses can take years to develop. In today’s economic climate, companies are selling up or going out of business every day. Our concern is that people who develop illnesses such as asbestosis in, say, five years time when their ex-workplace has disappeared, will be unable to claim compensation – potentially leaving them and their families in dire financial straits.’

Like many MPs and other personal injury firms, Injury Lawyers 4U believe the government must amend the Mesothelioma Bill so people who’ve developed an industrial disease through no fault of their own get the financial compensation they deserve and need.

If the Bill is passed, the new payment scheme could be launched in April 2014. So it’s important that anyone with a potential claim, and who may not be eligible for a payout under the proposed system, takes action now.

Asbestos-related claims are complex and other time limits do apply, such as the requirement that diagnosis took place within the last three years. So it’s essential to seek expert legal advice – and Injury Lawyers 4U are here to help. We work on a genuine ‘no win, no fee’ basis, so there’s nothing to lose by asking us to pursue your claim.

The legal team at Injury Lawyers 4U has wide experience of handling asbestos-related claims. Call today on 0845 345 4444 for honest, expert advice.