Should I Make A Claim?

Should I Make A Medical Negligence Claim?

If you have reached this page you are considering whether or not you should claim medical negligence. The answer to this question will be completely dependent on your personal situation in every case.

I Am Concerned About Costs, Should I Claim?

You may be hesitant to make a claim as you are concerned about costs. To ensure that you are fully happy about the cost implication of your claim prior to committing to a claim you should contact a 1stClaims solicitor to find out what they can do for you. 1stClaims does not charge you for using our service and all initial enquiries with our Solicitors are also free of charge, so rest assured, this initial step of making an enquiry will not cost you anything.

What are the Costs?

1stClaims does not charge you for using our service and all initial enquiries with our Solicitors are also free of charge, so rest assured, this initial step of making an enquiry will not cost you anything.

Once one of our Solicitors has assessed the merits of your enquiry they will make a judgement on the likely chances of bringing a successful claim and if the prospects are good, they will normally offer to take your case on a No Win No Fee basis. NOTE: If your case is successful your Solicitor will deduct up to a maximum of 25% of your final settlement or compensation award as payment for their fees. You can find out more about No Win No Fee arrangements and the potential costs that can be incurred by clicking here.

Find Out More

I Am Concerned That The Medical Professional will Lose Their Job, Should I Claim

Another concern making you question whether you should claim compensation is whether it will affect the sued party's career. If you have been a victim of negligence this should take a back seat in your considerations for two reasons:-

  • If you make a medical negligence claim this will not mean the doctor, nurse, or surgeon will necessarily lose their job in most instances. This is because if you are the only person who has experienced negligence on their part, this will be seen as a one-off.
  • If the doctor, nurse or surgeon that you are suing is consistently involved in medical negligence claims they will be struck off. This will be a positive consequence of your claim as it will ensure the safety of any future patients who would have been unsafe under this individuals care. The quality of the care provided on the NHS and by private medical services must be high – it is a risk to peoples lives for it not to be.  


What Will I Gain If I Claim?

You should make a medical negligence claim for the compensation you deserve. No one should have to be the victim of negligence. If you are successful in the medical negligence claim you make you will receive a compensation figure which will cover everything which has occurred as a direct result of the negligence. You will receive an amount for your injuries and an amount for any financial losses which have occurred.

When considering taking legal action against a NHS health professional, a NHS health body or other Health Care Provider, you may also want to contemplate taking your matter up with the Parliamentary and Health Service Ombudsman. The Ombudsman will ask the organisation to take action to put matters right where possible and recommend how to  improve its services however, he cannot represent you in legal proceedings.
You may pursue a complaint with the Ombudsman simultaneously to exploring taking legal action against your health provider. You have to use the NHS complaints procedure before taking your complaint up with the Legal Ombudsman and although this is not mandatory for taking legal action, you and your solicitor may find it helpful before deciding to start legal proceedings.

Contact 1stClaims

If you are still unsure about whether you should make a medical negligence claim, give one of our team a call so they can talk you through your options. We completely understand that deciding whether you should sue is a big decision and this is why we offer you our free consultation service. For a free medical negligence consultation call us on 0800 2888 693 (from a mobile click to call: 01348 630 720) or fill in an online enquiry form.

Make a claim now or you can speak to us on 0800 2888 693

Information on how we handle your data is in our Privacy Policy

1stClaims is Authorised and Regulated by the Financial Conduct Authority in respect of regulated claims management activities. Firm Reference Number FRN833930.

1stClaims are a Claims Management Company. Our Marketing is undertaken in a manner that is compliant with the SRA Code of Conduct for Solicitors, RELs and RFLs 2019 Parts 8.6 - 8.11, Client information and publicity, and any solicitor [or registered European lawyer] to whom we may refer you is an independent professional from whom you will receive impartial and confidential advice. You are free to choose another solicitor [or registered European lawyer].

1stClaims Limited - Registered in England and Wales - Reg. Co. No. 06566866. Registered Office Address: Tregyddulan, St Nicholas, Goodwick, Pembrokeshire, SA64 0LX

VAT Reg. No. 938 1976 76 - Information Commissioner’s Office Registration Number Z1477170