What evidence do I need to pursue a medical negligence claim?

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    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    What evidence do I need to pursue a medical negligence claim?

    Being ill and requiring medical treatment represents one of the most stressful experiences that an individual can go through. As well as the pain and suffering brought about by the condition itself, it can often be the case that the treatment required is unpleasant, stressful or painful.

    There’s no denying the fact that the vast majority of medical practitioners are dedicated, talented professionals determined to do their best for you, but from time to time things do go wrong. When this does happen, then the knowledge that you’ve been treated badly, allied to the stress you’re already suffering, means that it’s only just and fair that you should be able to seek compensation.

    In cases of medical negligence compensation may be payable if you can demonstrate that the treatment you received fell short of what might reasonably be expected, and that this has resulted in an injury or condition. The injury in question may be physical or psychological, and the medical practitioner could be anyone from a nurse or doctor to a dentist, pharmacist or surgeon.

    When it comes to making a claim such as this, it’s vital that you seek expert help, since medical negligence cases are amongst the most complex there are, often revolving around expert interpretation of clinical information. The charity MIND provides a brief guide to medical negligence claims on their website, at www.mind.org.uk/information-support/legal-rights/clinical-negligence/.

    In order to give yourself the best possible chance of success it’s vital to gather as much information as possible regarding your case, including details such as:

    • An account of your initial illness.
    • The dates of any treatment.
    • Where the treatment was delivered.
    • Who delivered it.
    • What form any treatment took.
    • Any medicines prescribed.
    • Any advice given or diagnoses offered.

    The more information you can provide, the stronger case your injury lawyer will be able to build, maximising your chances of winning the compensation which will allow you to start rebuilding your life.

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