Medical Negligence No Win No Fee

If you believe that you have suffered at the hands of a medical professional, can you make a claim for medical negligence compensation without incurring substantial legal costs? How can you protect yourself from the potential costs liability to the National Health Service Litigation Authority (NHSLA)? This article looks at the costs position of medical negligence claims.

What Is Medical Negligence?

It is first worth considering what can amount to medical negligence. Broadly speaking medical negligence happens if a medical professional whose care you are under, fails to treat you to an accepted standard or to treat you at all and you suffer an injury. This could be treatment by a surgeon in a hospital, your general practitioner failing to diagnose a serious condition, or even a physiotherapist treating you when they should not have done so.

Why Do These Claims Cost So Much?

Medical negligence is a very complicated area of law, and therefore also a costly one to pursue. You will need medical evidence from another medical professional to advise whether the treating doctor was negligent. You are also likely to need an opinion from a barrister as well as your solicitor's representation. In addition to your own legal costs, if you pursue a claim against the NHSLA and lose your claim, you may also be liable to pay their legal costs. Therefore, costs can quickly rise; often to several thousands of pounds. If you do not have any legal expenses insurance you will be responsible for these legal costs yourself.

This explains why a No Win No Fee Agreement might be a very useful tool for you if you want to pursue a medical negligence compensation claim but do not have a limitless supply of funds.

What Is A Medical Negligence No Win No Fee Agreement?

This agreement allows you to pursue a claim for compensation without paying your legal costs as you proceed with your claim. Alongside the claim you will take out what is called an 'After The Event' legal expenses insurance policy. This protects you should you pursue your claim and fail to win. In this case, if the NHSLA obtain a costs order against you these costs will be paid for by the Legal Expenses Insurance company and not you. Therefore, it limits your risk. Many specialist medical negligence solicitors will now act for you under a No Win No Fee Agreement.

When you contact a solicitor they will ask for all of the information relating to your potential medical negligence claim. They may ask to see your medical records and then they will assess whether your claim is suitable for a No Win No Fee Medical Negligence Agreement. Usually they will agree to make these preliminary investigations without charging you, although you will need to check with each solicitor before proceeding.

You will then be able to decide whether you want to make your claim for compensation.