Clinincal Negligence

FAQs

How much will it cost for me to come and see you?

We offer an initial free consultation, setting out the options open to you and the likely costs. You can then decide what, if any, steps you wish to take before incurring any legal fees.

Do all doctors stick together?

Although it is unlikely that a clinician will criticise a work colleague or someone who is known to them, we instruct experts who do not know the treating clinician or have any links with them. We instruct experts who are prepared to speak out when a member of their profession has offered a poor standard of care, thus ensuring that a high standard of care is maintained within their field, thus ensuring that public confidence remains.

Surely the criticised doctor will simply lose my notes or change them?

Although medical notes do get lost, this is a relatively rare occurence. If notes are misplaced it is likely that the criticised doctor will have to persuade the court that the treatment he provided was of an acceptable standard and it should be less difficult for the patient to show that the standard of care provided by the doctor fell below that expected of reasonably competent medical practitioners.

It is a disciplinary offence for a doctor to change medical records after the event, and if proven could result in him or her being struck off the Medical Register.

If a treating doctor fails to provide medical records requested, an application can be made to the court for disclosure. As a patient, you are entitled to a full copy of your medical records.

How could I ever afford to bring a claim against the NHS?

There are a number of ways of funding such claims, for example:

(a) Public funding (legal aid).

(b) Legal Expenses Insurance (often attached to household insurance).

(d) Conditional Fee Agreement (often known as ;no win, no fee).

You may find it helpful to follow the link to our advice about funding.

If I cannot make it to your office, would you come and see me?

We understand that some of our clients have great difficulty with travel or are immobile. We will happily visit you at your home if you are not well enough to travel to our office.

What if my legal fees are more than my compensation - I will not be able to pay the shortfall?

If you succeed in your claim, your reasonable legal fees will be met by the criticised clinician/Healthcare Trust on top of the compensation they have agreed or been ordered to pay you.