FAQ – Medical Negligence

FAQ – Medical Negligence

How will my compensation be calculated?

We can help you to claim compensation both for the injuries you have suffered, and for any financial loss resulting from these injuries.

Compensation for your injuries

This is usually based on the awards made in previous claims to people with similar injuries.

For common errors and injuries, there are often lots of comparable claims so it is easy to identify what level of compensation you should receive. However, in more complicated medical negligence cases, there are, thankfully, fewer instances to compare. In such situations an experienced solicitor, such as those at Price Slater Gawne, will be able to advise you on what level of compensation you are likely to receive should your claim be successful.

Compensation for financial losses

When seeking compensation for financial losses every claim is different. Therefore, the amount you are likely to receive should your claim be successful depends on the specific losses you, or your loved ones have suffered as a result of the negligence.

In addition to any losses already suffered, you can also obtain compensation for costs or losses that will arise in the future. Typical examples of specific financial losses include:

  • Loss of earnings
  • Medical expenses
  • Paying for care and rehabilitation
  • Travel expenses
  • Necessary adjustments to your home.

It is important that documentation is kept, such as receipts, as these are helpful in proving the financial losses you have suffered.

Where possible, we’ll seek to obtain interim compensation payments to help ensure the necessary care and rehabilitation can begin as soon as possible.

If you would like to discuss the likely value of any claim, and whether you should pursue a claim please contact us for a no-obligation chat.

How much compensation will I receive?

The amount of compensation depends upon the type of negligence or injury suffered.

In most cases the majority of the compensation granted is for financial losses and these vary significantly (even for very similar injuries) depending upon the personal circumstances of the victim. For this reason it is impossible to give an accurate prediction of the amount of compensation you may receive without knowing more about your situation.

Be wary of websites which claim to be able to tell you how much compensation you will actually be awarded. It’s really not possible to do this!

If you would like to discuss the compensation likely in your particular circumstances, please contact us for a no-obligation chat.

How long will my claim take?

The length of your claim is entirely dependent on the nature of your claim and the severity of the injuries sustained.

In straightforward cases, where there is no doubt about which individual or organisation was responsible for your injuries, and there are no significant ongoing symptoms, your claim could be settled in a few months.

However, in more complex medical negligence claims, particularly where there are arguments about whether treatment was negligent, it can take significantly longer.

Crucially, on any case we will need to investigate the full extent of your injuries, identify your future rehabilitation and support needs and all of your future and past financial losses. This takes time.

What we can say is that we’ll push your claim forward so that a conclusion is reached as soon as reasonably possible, and we’ll provide realistic estimates as to when this is likely to be.

Even where it’s not feasible to resolve your claim quickly, we’ll try to obtain interim compensation payments to help ensure that the necessary care and rehabilitation can begin as soon as possible.

Please contact our dedicated team of specialists for further advice today.

Should I make a claim about my medical care?

Making a complaint about an issue with your medical care can be a useful way in which to bring your concerns to the attention of the doctor or hospital who provided the relevant medical treatment.

You cannot, however, obtain compensation by making a complaint. Instead, your complaint will typically be dealt with by asking the medical staff concerned for their views. A response will then be sent to you based on this feedback.

For this reason, patients sometimes feel that responses to complaints are defensive. However, any such response can be used during a subsequent medical negligence claim.

If you’re thinking about making a complaint, do so and don’t waste time. You have 3 years from the date you knew were injured to bring a claim at Court. You case can be time barred if you don’t move quickly. Contact us if you are uncertain about this.

What will it cost me to pursue a compensation claim?

We run all our medical negligence claims on a ‘no-win-no-fee’ basis. This is an agreement between us that means if you lose your case you will not need to pay any legal costs to either us or the other side, providing you have not misled us.

If you win your case the Defendants will pay your compensation and most of the costs of the legal action. The compensation money is yours once you have paid an element to us for our success fee, any unrecovered costs and any insurance premium for your legal expenses cover. You will retain no less than 75% of your compensation.

We’ll explain carefully and in detail, how the funding of your claim works when we talk to you.

Please contact us if you’d like to discuss this further.