How Do I Make A Clinical Negligence Claim?

How Do I Make A Clinical Negligence Claim? Our experienced Solicitors, Alicia Sharman and David Dickie are here to help and advise you….

We’re sure that you have plenty of questions and we will be happy to help. There is no charge for an initial discussion and we offer a “no win, no fee” arrangement if we take your case on.

Our healthcare system is one of the best but, unfortunately, things do go wrong. Taking the step of making a claim for Clinical Negligence can be daunting. We want to be sure you understand what is happening as your case progresses. Our experience in this field enables us to guide you through the process every step of the way.

Clinical Negligence Claim – Where To Start

We will advise you at the beginning whether we feel you may have a claim for Clinical Negligence and set out to get you the compensation you deserve.

We will start the process by obtaining a full set of your medical records. To succeed in a Clinical Negligence Claim, we need to prove both breach of duty and causation. It is essential to show with the assistance of independent medical expert evidence that your medical treatment fell below a reasonable standard. In addition, we also have to prove that your treatment caused your current injury or condition, or at the very least made a material contribution to it.

Once we have obtained the initial evidence and provided this is supportive of a claim, we will write to the Defendant setting out why we consider they are at fault. They will then begin their own investigations and respond with an admission or a denial.

Clinical Negligence Claim – Timescales

Any claim must be filed with the Court within 3 years of the date of the alleged negligence. Occasionally, you may become aware something has gone wrong months later. If that is the case, we may be able to establish that the time limit runs from the date you became aware of the problem. This is known as your date of knowledge. Our specialist Solicitors will discuss this with you at the outset.

It is down to the Claimant to prove the treatment was negligent and we are on hand to assist you through that process. If our initial enquiries show the treatment you received was reasonable then the case will be unable to proceed further. You will still have the benefit of knowing your case has been thoroughly investigated by Solicitors experienced in this field.

If our investigations establish you do have a case to take forward, we will push for the best settlement we can. We may need additional reports to properly value your case.

If the Defendant does not admit the case or we cannot reach an agreement on the amount of compensation you are to receive, we will pursue the matter through the Court. We will follow the timetable set by the Court and pursue your case to Trial. Our Solicitors have experience of taking cases to Trial and will continue to support you through the process.

Why Choose Timms?

We have been established since 1892. Our Solicitors collectively have considerably experience in conducting Clinical Negligence claims. We will give you clear advice at the outset and throughout your claim. We are accredited by Lexcel which is further testament to our experience and the service we offer to all our clients.

For further details or to arrange your initial consultation, please contact Alicia Sharman or David Dickie on freephone 0800 011 6666 or via email at legal@timms-law.com.

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