Medical Negligence - Hatfield, Hertfordshire
K&K Solicitors provides professional, personable, and sensitive support for all types of medical negligence claims. Area cover Hatfield, Hertfordshire.
If you suffer an injury caused by medical negligence, it can have a devastating and lasting impact. When faced with such a distressing and challenging time, you need a team of lawyers that understand and appreciate the seriousness of your situation.
From acquired brain injuries to dental mishaps to birth injuries and spinal injuries, K&K Solicitors specialise in all types of medical negligence claims and compensation. Our goal is to ensure that our clients successfully access the compensation they deserve, while ensuring the same mistakes are not repeated through affirmative action.
Making a medical negligence claim can be a complex process, raising countless questions on entitlement and involvement. Particularly when dealing with a debilitating injury, the prospect of spending time testifying in court can be daunting.
Here, we explain more about medical negligence and give you some important extra detail about the medical negligence claims process:
How much compensation can I be awarded on the basis of medical negligence?
Every medical negligence case is unique, making it difficult to generalise potential compensation pay-outs. The level of compensation you may be entitled to will be determined by a number of factors - primarily the severity of the consequences, their impact on your life and your long-term prognosis for recovery. Costs associated with care and rehabilitation during your recovery will also influence the potential value of your claim.
General damages awarded on the basis of medical negligence cover the psychological and physical trauma endured by the victim. Other financial aspects of injury claims are covered by special damages - everything from loss of income to adapting your home to rehabilitation and ongoing medical treatment. During your initial consultation, your solicitor will begin gathering the necessary information to provide you with an approximate idea of how much your claim may be worth.
Do you operate on a no-win no-fee basis?
At K&K Solicitors, we only ever take on cases we are 100% confident we can win. Consequently, your medical negligence claim will be likely handled on a no-win, no-fee basis. This means that in the unlikely event that your claim is unsuccessful, you will not be expected to cover our legal fees but will have to cover any third party costs such as experts reports etc. If your compensation claim is successful, a deduction will be made to cover our legal costs.
Depending on the nature of your case, you may be advised that it is not possible to proceed on a no-win, no-fee basis. You will still have the option of going ahead if you choose to do so, and your solicitor will inform you of our fee structure accordingly.
Do I need to file an official complaint with the NHS before starting my case?
No - it is not a legal requirement to file an official complaint with the NHS, before getting your case underway. In addition, filing an official complaint against the NHS does not subsequently prevent you from seeking compensation for medical negligence at a later date.
However, we strongly suggest filing your complaint with the NHS beforehand for two reasons. Doing so will help you access important information as to what happened, while in some instances resulting in formal admission of the error or oversight you intend to base your claim on. In both instances, this could prove extremely helpful when pursuing compensation.
How do I make a complaint with regard to the hospital or GP care?
Speak to the GP surgery or hospital and ask for details of their formal complaints procedure.
Follow the steps necessary to file your formal complaint and keep a copy of all correspondence.
In accordance with the NHS Constitution, you are entitled to have your complaint investigated.
You are also formally entitled to compensation in the event of harm due to negligence.
How does the process work with private sector medical negligence claims?
When you make a medical negligence claim against the NHS, you claim against the institution as a whole. When filing medical negligence claims against private sector providers, you seek damages from the individual medical professional responsible. This is why it is a legal requirement for all medical professionals to carry professional identity insurance, which covers cost in the case of medical negligence claims.
The claims process itself is fairly similar, but it is more likely that you will need to give evidence in court when filing a claim against a private provider. However, your solicitor will be able to represent you in court in most instances, therefore your presence may be required only on occasion.
Is it possible to make a claim on behalf of someone else?
Where the victim of medical negligence is a child under the 18 or an individual who lacks the physical or psychological capacity to file their own claim, it is possible to claim on behalf of someone else. The claims process is generally similar to that of a conventional claim, only in this instance with the involvement of a ‘litigation friend’ who represents the victim.
If you would like to discuss filing a medical negligence claim on behalf of someone else, please contact a member of the team at K&K Solicitors for an obligation-free consultation.
If my compensation claim is successful, who pays it?
Contrary to popular belief, it is neither the institution nor the individual you are claiming against that pays the compensation. Instead, it is their insurance provider that covers all costs - including the compensation payout. This means you can take peace of mind in knowing that irrespective of how much you are awarded, it will never come out of the public sector’s pockets, nor those of the individual responsible for the incident.
Are there any time limitations for filing medical negligence claims?
Yes - all standard medical negligence claims must be commenced within three years from the time of the incident, or the date on which the harm caused due to medical negligence was diagnosed.
When filing a medical negligence claim on behalf of a person who is not able to claim themselves due to physical or psychological disability, there are no time limitations whatsoever.
With children and minors, a medical negligence claim can be filed at any point up until their 18th birthday - irrespective of how young they were when the incident occurred. If no claim is filed on their behalf, they will have the opportunity to do so themselves from the three years following their 18th birthday up until their 21st birthday.
As it is much easier to file and process medical negligence claims that are commenced as closely as possible to the date of the incident, we strongly advise seeking expert legal advice as promptly as possible. Call or e-mail the team at K&K Solicitors anytime to learn more.
How long does it take to process a medical negligence claim?
The length of time it takes to process a medical negligence claim will one always differ significantly from one case to the next. Depending on the nature and complexity of the claim, it can take anything from a few months to several years for a case to be concluded.
At K&K Solicitors, we will provide the comprehensive support and representation you need to minimise your involvement in your medical negligence claim.
For more information on medical negligence claims or to discuss getting your own compensation claim underway, call K&K Solicitors on 01707 244442 for an obligation-free consultation or click here Contact Us