No Win No Fee Medical Negligence Claims

In most medical negligence cases you can claim for free and keep all of your compensation and pay nothing if you win or lose.

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Medical Negligence Cases

How many cases of medical negligence actually make the headlines?

Before patients were given access to the ability to litigate, doctors once held an almost-impregnable status. Their judgement was unquestionable and cases of medical negligence were practically unheard of. Today, however, patients are more aware of their rights and have certain expectations of medical practitioners. Whilst there are a number of high-profile medical negligence cases reported in the press, a new survey has revealed that these could be just the tip of the iceberg.

People may remember the case of actress Leslie Ash. In 2004, Leslie was admitted to the Chelsea and Westminster Hospital in London, as the result of an accident at home. During the procedures to alleviate her pain, she was given an epidural injection. However, due to a breach of duty in some aspects of her treatment, the epidural needle came loose and Leslie contracted MSSA - a strand of ‘superbug’ similar to the much-publicised MRSA. As a result, Leslie was left partially paralysed and with difficulty in walking. She launched her claim on the grounds that she would no longer be able to earn a living as an actress, as a direct result of medical negligence. Leslie was awarded a £5 million settlement. However, the NHS made an out of court settlement. It seems that they wanted to end the case before it gathered any momentum.

This practice is not unusual and has been applied to many, less high profile cases. A report by the Health and Safety Executive showed that, in 2009, 83,000 medical negligence claims were made against the NHS. These will undoubtedly have ranged from the severe to the less serious and, while it is impossible for the press to report every single one, the question remains: why are the public not aware of these figures?

The answer could be that the NHS doesn’t want to jeopardise the relationship between doctor and patient. With doctors aware that they are in the firing line for medical negligence cases, they may be less inclined to offer preventative medicine in the fear that it does not work. In addition, there are always unscrupulous members of the public who may be looking to make some fast money through a faked or exaggerated medical negligence claims. However, it could also be that the NHS is looking to protect their reputation. Often, out of court settlements are reached but have gagging orders attached, so that victims of medical negligence cannot take their stories to the newspapers.

Nicolas Jervis of personal injury specialist firm, 1st Claims, believes that genuine sufferers of medical negligence could be losing out by accepting apparently generous offers for their injuries. He asks: “How do you put a price on your own pain or injury? Victims of medical negligence are being faced with this decision as medical professionals hope to buy their silence. It is better to seek legal advice than accept the first figure that is given to you. A personal injury lawyer will be able to give a good assessment of how your injury will impact on your life both in the short term and the long term. While legal procedures may take time, the final result can be better than just a one-off payment.”

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FREE GUIDE - 7 Questions You Must Ask Before Choosing Your Medical Negligence Solicitor

If you believe you have been the victim of an act of medical or clinical negligence you need our free guide which answers all of the questions that you need answers to before deciding to make a claim, including:

• What are the costs of making a claim for compensation
• The reasons you should or should not make a claim, including protecting other patients
• Whether using a solicitor or a claims company will make a difference to the success of your claim
• The questions you must ask to ensure you choose the right person to help you with your claim

Before you take any further action, take five minutes to read our free guide so that when you do pick up the telephone or fill in an online enquiry form, you know exactly the questions you need to ask to find the right medical negligence claim solicitor for you.

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