Medical Negligence: How to make a No Win No Fee Claim


7In comparison to the number of patients our medical professionals treat, there are only a small number of cases where things go wrong, but if they do the consequences can be dire.

What if:

·         Your doctor gives you a misdiagnosis

·         Your optician makes a mistake with your laser eye surgery

·         You dentist pulls the wrong teeth

·         Your practice nurse takes the wrong test

·         The pharmacist gives you the wrong medication

·         The hospital treat the wrong limb

·         The therapist gives you the wrong advice

They may all be ‘what if’ but these sorts of mistakes happen every day as well as many other different errors that occur.

It has to be negligence or error

Sometimes patients think that because a treatment has not worked as well as they hoped, that they have a claim against the medical professional.  This is not the case. You have to be able to prove at least a 50% chance that the way you were treated made your illness worse, or created a new problem.

This is often achieved by having a specialist report on your condition.  If this says that you should have been treated differently, you have a strong claim. If it says that you were treated exactly as you should have been, you will probably be unable to make a medical negligence claim.

No win No Fee

If this is your situation you may be entitled to make a medical negligence claim.

Some victims are put off doing this because of the costs they think will be involved, but there are none.

Since April 2000, conditional fee agreements have been used for personal injury claims.  This is better known as no win no fee because that is exactly what it means.  If you make a medical negligence no win no fee claim, you will not have to pay any money for your claim to be started.  If the claim should prove unsuccessful, you will still not have to pay any money.

The law firm you use takes the financial risk of your claim on the basis that they will get paid if you win.  Some people think this makes them work more diligently.  We all have to earn a living, and they don’t if they don’t win claims.

They will also encourage you to make your claim as soon as possible after your accident.  This is not so they get their money quicker, it is because it appears that the sooner a claim is made, the more successful they are.

Making your claim for medical negligence

Medical negligence claims are among the most complicated of all personal injury claims.  You need specialist help in this sort of claim and should contact experienced experts who have many years of assisting people behind them.

This will mean they are far more likely to have the knowledge that will make your medical negligence no win no fee claim a success.


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