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Medical Negligence: Your Questions Answered (FAQ's)
JMW are one of the UK's leading medical negligence teams, below are some questions we are regularly asked by our clients and prospective clients.
If you or a relative feel you have a claim, please get in touch with us by calling 0800 054 6512 or by using the chat or contact form on the right of this page.
What do I need to prove to win my compensation claim?
To win a claim there are various things you need to be able to demonstrate. This article outlines the particular things you need to be able to prove.
How is mediation used?
The role of mediation in claims is increasing - it is often a good way to gain an apology for what happened and any injury caused.
Mediation is now strongly encouraged by the courts. Many people want an apology, or an explanation of how the accident happened or an assurance that lessons have been learned, and mediation can often achieve this in addition to (not instead of) obtaining maximum compensation.
Can I change my solicitor?
Advice on the steps you need to take to change your solicitor
Is there a time limit for starting a claim?
Information on commencing a claim for medical negligence, and the time you have available to make a claim for injury and damage.
How much is my claim worth?
We explain how claims are calculated.
What is medical negligence?
Despite the fact that health care in this country is generally of a high standard, occasionally things do go wrong. This is particularly true nowadays when treatments can be highly technical and complex and many different health care professionals are involved in the care of each patient. If the results of treatment are not as good as expected, fall below a reasonable standard, or if complications have arisen, it does not automatically mean there has been a mistake or someone is to blame.
However, sometimes doctors and other health care workers do make mistakes that could have been avoided with more care, skill or organisation and this is called clinical (or medical) negligence. An operation may be incompetently performed, a GP may fail to recognise the seriousness of symptoms, or a baby may be damaged because of a mishandled birth.
Can I claim compensation?
What a claimant needs to demonstrate in order to make a successful claim. Advice from JMW Solcitors.
If you have been harmed, either physically or mentally, because of the negligence of a health care professional, you may be able to claim compensation (damages). The harm needs to be serious enough to make it worth paying the costs of making a claim. In most case it is not worth pursuing legal action if the injury is fairly minor or if a rapid recovery is expected.
In cases such as these the cost of making a claim could be greater than the compensation. However, if there has been an admission of fault it may be worth pursuing a low value case. We can advise you on this.
Why do some claims take months to settle?
We explore the reasons claims sometimes take a long time to settle.
Questions to ask your solicitor
Find out what questions you should ask your solicitor.
What is the Role of the NHS Litigation Authority?
Find out about the role of the NHS Litigation Authority in a claim for clinical negligence.