Legal News

Author: Kapil Thakur on Sep 11,2023

Medical Negligence Solicitors: How Can They Help You?

Medical negligence is a legal term used to describe situations where a healthcare professional has failed to provide an adequate standard of care, resulting in harm or injury to a patient. In these cases, patients may be able to make a claim for compensation to cover the costs of medical treatment, rehabilitation, loss of earnings, and other related expenses. Solicitors who specialize in medical negligence cases can provide legal support and guidance to individuals who have suffered harm as a result of substandard medical care. They can help clients to assess the strength of their case, gather evidence, and negotiate with the relevant parties to secure a fair settlement or pursue a legal claim.

How do Medical Negligence Solicitors Help You

Medical negligence solicitors can provide a range of valuable services to help their clients who have suffered harm as a result of substandard medical care. Here are some of the ways that medical negligence solicitors can assist their clients:

Assessing the Strength of the Case

One of the first things that a medical negligence solicitor will do is assess the strength of their client's case. This involves reviewing the client's medical records, gathering evidence, and consulting with medical experts to determine whether the healthcare provider in question breached their duty of care and caused harm to the patient.

Based on their assessment, the solicitor can advise the client on whether they have a valid claim for compensation and what the potential outcomes of the case might be. This can help the client to make an informed decision about whether to pursue legal action.

Negotiating with the Relevant Parties

If the solicitor determines their client has a valid claim, they can negotiate with the relevant parties to secure a fair settlement. This can involve dealing with the healthcare provider or their insurance company or with a legal representative acting on their behalf.

Solicitors can use their legal knowledge and negotiating skills to advocate for their clients and ensure that they receive a fair settlement that covers the full extent of their losses and expenses.

Representing the Client in Court

If negotiations are unsuccessful, the solicitor can represent their client in court. This involves presenting evidence, making legal arguments, and cross-examining witnesses in order to prove that the healthcare provider breached their duty of care and caused harm to the patient.

The solicitor can also help the client to prepare for court appearances, including advising them on what to expect and how to present themselves effectively in court.

Supporting the Client Emotionally

Medical negligence cases can be emotionally challenging for the client, especially if they have suffered serious harm or injury. The solicitor can provide emotional support and guidance throughout the process, helping the client to manage their stress and anxiety and providing reassurance that their case is being handled effectively.

The solicitor can also connect the client with other resources, such as counseling or support groups, to help them cope with the emotional fallout of the incident.

Obtaining Compensation for the Client

Ultimately, the goal of a medical negligence solicitor is to help their client obtain compensation for the harm they have suffered. This can include compensation for medical expenses, lost income, rehabilitation, and other related expenses.

The solicitor can help the client to determine the full extent of their losses and to negotiate a settlement or pursue legal action that will ensure that they receive the compensation they are entitled to.

Charges of a Medical Negligence Solicitor

Medical negligence solicitors generally work on a "no win, no fee" basis. This means that they will only charge their clients if the case is successful and the client receives compensation. If the case is unsuccessful, the solicitor will not charge their client for their services. If the case is successful, the solicitor will charge a percentage of the compensation awarded to the client. This percentage is typically between 20% and 30% of the compensation amount, although it can vary depending on the specific circumstances of the case.

In addition to the percentage fee, the solicitor may also charge the client for certain expenses, such as court fees, medical expert fees, and other costs associated with the case. These expenses will be outlined in the solicitor's fee agreement with the client.

It is important to note that the percentage fee charged by the solicitor will be deducted from the compensation amount awarded to the client. This means that the client will receive the remaining compensation amount after the solicitor's fees and expenses have been deducted.

When Should a Solicitor be Recruited?

A medical negligence solicitor should be recruited as soon as possible if you believe that you or a loved one has suffered harm or injury as a result of medical negligence. Medical negligence cases can be complex and time-consuming, and there are strict time limits for making a claim. In the US, medical negligence claims are subject to a time limit known as the statute of limitations, which typically ranges from 1-3 years, depending on the state. This means that a victim of medical negligence must file a claim within the specified time period or risk losing their right to seek legal action.

It is important to recruit a medical negligence solicitor as soon as possible because they can provide expert legal advice and guidance on the strength of your case, the evidence that is needed to support your claim, and the potential compensation that you may be entitled to. They can also assist you in gathering the necessary evidence, such as medical records and witness statements, and in communicating with the relevant parties, such as healthcare providers and insurance companies.

Recruiting a medical negligence solicitor early in the process can also increase the chances of success in your case. They can help to build a strong case, negotiate effectively with the relevant parties, and provide emotional support and guidance throughout the process.

In addition, it is important to note that medical negligence cases can be emotionally challenging, especially for individuals who have suffered serious harm or injury. A solicitor can provide support and guidance throughout the process, helping clients to manage their stress and anxiety and providing reassurance that their case is being handled effectively.

Is a Solicitor Really Needed?

It is possible for issues related to medical negligence to be resolved without the assistance of a solicitor. However, it is important to note that medical negligence cases can be complex and time-consuming, and having a solicitor can increase your chances of success in obtaining compensation for your losses and expenses.

If you believe that you have suffered harm or injury as a result of medical negligence, the first step is to make a complaint to the healthcare provider or hospital involved. You can usually do this by contacting the patient advice and liaison service (PALS) at the hospital or healthcare provider. They will investigate your complaint and provide a response.

If you are not satisfied with the response or outcome of the investigation, you may wish to consider other options, such as making a formal complaint to the healthcare regulator or pursuing a legal claim for compensation.

If you choose to pursue a legal claim, it is possible to do so without the assistance of a solicitor. However, it is important to understand that medical negligence cases can be complex and challenging, and it can be difficult to navigate the legal process effectively without legal expertise. A solicitor can provide expert legal advice and guidance, help to build a strong case, negotiate effectively with the relevant parties, and provide emotional support and guidance throughout the process.

Ultimately, the decision to hire a solicitor for a medical negligence case will depend on the specific circumstances of your case, your level of expertise and confidence in pursuing a legal claim, and your personal preferences. It is important to weigh the potential benefits and drawbacks of hiring a solicitor and make a decision that is right for you.

Conclusion

Seeking the assistance of a solicitor for a medical negligence case can be highly beneficial. Medical negligence cases can be complex and challenging, and having a solicitor can increase your chances of success in obtaining compensation for your losses and expenses.

While there are some potential drawbacks to working with a solicitor, such as the cost and time involved, the potential benefits of hiring a solicitor typically outweigh the drawbacks. It is important to weigh the potential benefits and drawbacks of hiring a solicitor and make a decision that is right for you. They can help to ensure that you have the best chance of success in your case and obtain the compensation that you may be entitled to.