Relevance of Medical Negligence Claims No Win No Fee

Medical negligence claims on a no win no fee basis helps rebuild shattered lives. Why is this so? Keep reading and find out.

Conditional Fee Agreement (CFA) commonly known as no win no fee paved the way to an easier access to the justice system in the UK. People injured due to the mistakes of others can file a case even without sufficient funds. It lies on the condition that if it is unsuccessful, the client will not have to pay the solicitor. On the other hand, if it is successful, the client will have to pay the normal fees plus a success fee. The passage of the new law on personal injury claim that took effect on April 2013 can be clearly explained by a legal counsel.

The solicitor usually recommends taking out an After-the-Event (ATE) insurance to cover for any potential liability. This protects the client from any legal costs including disbursements.

There is a time limit of filing medical negligence claims no win no fee in the UK. An expert solicitor provides legal advice on how to bring a claim including the requirements and all the details involved in the compensation. It is better to consult an expert and know the whole process.

How to Win a Clinical Negligence Claim

How do you obtain medical negligence claims on a no win no fee basis in the UK?

In order to achieve compensation for a malpractice, the injured person needs to meet the law requirements of UK.

First, it is important to prove the presence of duty of care. Healthcare providers owe a duty to take care of their patients. NHS hospitals, private hospitals and healthcare professionals such as GPs, surgeons, dentists, physiotherapists, nurses and hospital staff are responsible in delivering a standard of care. It is expected from them to diagnose the health condition, investigate the symptoms, provide the right treatment, prescribe correct medication, recommend the necessary lab tests, administer the correct medication and comply with the safety procedures.

Second, a breach of duty should be proven. A doctor who commits negligence has breached the duty of care. The breach of duty can be a mistake like a misdiagnosis, failure to investigate the symptoms, delayed diagnosis, wrong treatment or incorrect prescription of drugs.

Third, it is necessary to prove the causation between the breach of duty and injury. The link between the two should be established.  It can be achieved with the assistance of a lawyer who specialises in compensation for injuries.

Lastly, the injury sustained by the person needs to be proven. It is essential to show evidence of the injury or illness suffered by person.