What you need to prove

Medical negligence claims are different from personal injury claims. You have to prove 2 separate things:

  1. Fault (also known as breach of duty) – that the doctor or nurse fell below the standard of care expected of a reasonably competent and skilful specialist. In other words they failed to treat you in the way you could reasonably hope to be treated.

  2. Avoidable Harm (also known as causation) – you need to show that the negligent care (rather than your underlying condition or some other complication) caused you harm. This can be a complicated exercise when someone was already ill.

In order to prove these two elements, your lawyer will obtain all of your medical records and imaging, take a detailed statement and obtain a medical report from one or more independent medical experts.

Your case will be prepared as if the case has to go to trial, but the reality is that the vast majority of cases are won without the need for a trial. Our lawyers want to fully understand the impact of the negligent treatment on your life. This can take time, but will ensure your claim has the best chance of success.

 

Call Freephone 0800 358 3848

If you think you or a member of your family has suffered due to Delayed Diagnosis, Misdiagnosis or Cancer Diagnosis Negligence our specialist team of solicitors can help you recover the compensation you and your family deserve, Call us today or start your claim online and we will call you back.

 

Importance of Making a Claim for Compensation

For those of you who are suffering from a more advanced cancer as a result of negligence, compensation can be very important to improve your quality of life. Financial compensation can:

  • Enable you to have private treatment - this avoids delays, ensures consistency in Consultant care and can be offered in greater comfort than under the NHS

  • Secure private nursing care and domestic assistance in your home to relieve the burden on your family

  • Reimburse loss of earnings - past and future

If a member of your family has not survived cancer, you may be able to bring a dependency claim for their loss of services and earnings.

 

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Funding (Paying For your Claim)

Your lawyer will pursue your claim under a Conditional Fee Agreements (sometimes called “No Win No Fee” agreement).

If your claim is unsuccessful you will not have to pay either your or the defendant's legal fees.

If your claim is successful your lawyer will recover their base costs and disbursements (medical report fees, Court fees and other incidental expenses) from the responsible party. This is separate from your compensation. A reasonable success fee will be deducted from your compensation to reflect that your lawyer has taken a risk in representing you.

Most people find that a no win no fee arrangement is the most appropriate way for them to proceed with their claim At the outset of your claim, your lawyer will carefully explain the funding arrangements to you clearly to ensure you are not unduly anxious about legal costs.

Your lawyer will pay for your disbursements (medical report fees, Court fees and other incidental expenses) and claim the cost back from the responsible party. At the outset of your claim, your lawyer will explain the funding arrangements to you clearly to ensure you are not unduly anxious about legal costs.

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