Frequently Asked Questions about Clinical Negligence Claims

Here is just a small selection of the questions that we get asked by people deciding whether or not they should investigate a clinical negligence claim after they have been injured by negligent medical treatment.

• Is it possible to win a claim against doctors or the NHS?
• How can I win my claim?
• Don't all doctors stick together?
• How much will it cost?
• How long will it take?
• When should I make a claim?
• Will it affect my medical care?
• Should I make a formal complaint about my treatment?
• Will I have to give evidence in Court?
• How do I start my claim?

Is it possible to win a claim against doctors or the NHS?

Yes. Our clinical negligence department is a team of 15 qualified solicitors, a legal executive, 2 nurses, a midwife, 6 paralegals and trainee solicitors and nearly 20 dedicated support staff all working entirely on clinical negligence claims on behalf of patients. We are pursuing hundreds of claims at any one time on behalf of patients who have been injured by negligent treatment. We would not be here if it was not possible to win clinical negligence claims and obtain compensation for patients. See our sections on Case Wins and Success Stories for information about a small selection of the cases that our solicitors have won.

How can I win my claim?

In order to win a clinical negligence claim an independent doctor must be willing to say that the treatment provided was so poor that no reasonable doctor would have treated a patient in that way. We must also be able to prove that the patient has suffered injury as a result of the negligent treatment. We are able to ensure that the circumstances of your claim are fully investigated and that the right questions are asked of the defendant doctors and the independent medical experts to give your claim the best chance of success. For more information on the relevant legal tests see our section How to Make a Successful Clinical Negligence Claim.

Don't all doctors stick together?

No. We spend all day every day working on winning compensation claims and this is only possible because independent doctors provide honest views about the treatment provided.

How much will it cost?

Clinical negligence claims are often expensive. The cost of pursuing a claim is different in every case and depends on the amount of work that needs to be done by solicitors, independent medical experts and barristers before the claim is settled. Obviously one of the main factors in this is whether, and if so when, the defendant is willing to talk about settling the case. The sooner serious discussions can take place about settlement, the lower the costs will be. We offer various ways of funding your case which help to minimise the cost to you of pursuing your clinical negligence claim. Have a look at the section on Funding Your Claim for more information.

How long will it take?

It usually takes around 12 months to investigate a claim. The tasks which take the most time during the initial investigation are obtaining all of the relevant medical records and waiting for the independent medical experts to produce reports. Settlement can be possible from around 9 months onwards although this depends very much on the nature of the claim. Sometimes claims can go on for a long time after we have obtained evidence to support your claim. As we have said above - one of the main factors in the length of the claim is the attitude of the Defendant towards settlement. We will do everything we can to minimise the time taken to investigate a claim and we will press the Defendants towards settlement by setting out your claim clearly and robustly.

When should I make a claim?

The basic rule is that a claim must be brought within 3 years of the negligent treatment. For claims involving human rights, however, the period is 1 year. Different time limits apply for claims on behalf of children and those who are unable to manage their own affairs. The law can be complex and we would suggest that you contact us as soon as you think that you might have a claim in order that we can consider your individual situation.

Will it affect my medical care?

Pursuing a compensation claim will not affect the medical care that you are offered.

Should I make a formal complaint about my treatment?

It has been a slow process but the NHS is recognising that doctors and nurses do make errors and that often important lessons can be learned from complaints and claims. Hospitals are encouraged to make a full and frank response to a complaint. It is best to contact us before making any complaint so that we can discuss the position and advise you about the limitation period for your claim to ensure that you do not lose the right to make a claim because your complaint takes time to be dealt with.

Will I have to give evidence in Court?

Only two or three in every hundred clinical negligence claims end up in Court. If we are able to obtain evidence from independent doctors in support of your claim then it is overwhelmingly likely that your claim will settle and you will receive a compensation payment for your injuries and out of pocket expenses without having to give evidence in Court.

How do I start my claim?

Telephone us on Freephone 0800 0382 382 for a free, no obligation discussion with our experienced team of medical negligence professionals or visit Let Us Assess Your Case.

Call 0800 0382 382 now for a consultation with a Pannone Clinical Negligence Solicitor or Lawyer.