24Hr Advice 0800 526 368

Frequently Asked Questions

We appreciate that the prospect of making a clinical negligence claim can be a little daunting and confusing so we’ve included some questions that we are frequently asked below.

Call us for free legal advice on our 24 hour Advice Line 0800 526368 or click here to email us.

Who would my claim be against?

If you have received treatment at an NHS hospital then we would pursue a claim against that hospital Trust, not the individual doctor concerned.

If you have received private treatment then we would be making a claim against the individual doctor or surgeon who treated you.

If you wish to make a claim against a GP, dentist, pharmacist, or optician, then the claim would be against that specific person.

All hospitals and individual doctors, surgeons, dentists and other medical professionals are required to have insurance to cover them against any clinical negligence claims and to pay out compensate to the person injured as a result of their negligence.

Will making a claim affect my ongoing medical care?

You are entitled to investigate whether the treatment you received fell below a reasonable standard and caused you an injury.

Bringing a compensation claim will not affect the medical care that you are offered, but if you are really uncomfortable about making a claim against your treating doctors you can always ask for your treatment to be transferred to another local hospital, doctor or dentist.

How can I win my claim?

We will obtain your medical records and instruct an independent medical expert in the same field of medicine as the doctor who treated you to comment on the standard of care and treatment that you received.

The expert doctor must agree that the treatment was not to the expected standard and that no other reasonable doctor would have treated a patient in that way. We must also prove that this treatment directly caused you to suffer an injury, or materially contributed to your injury.

We work closely with a number of highly regarded medico-legal experts who can give an impartial view of your claim and will not know the doctors involved in your care.

We will advise you on every step of your claim and keep you updated when things happen. Every member of the clinical negligence team is a qualified and experienced solicitor and works hard for patients who have suffered from an injury that could have been caused by clinical negligence.

How long do I have to bring a claim?

You have 3 years to make a clinical negligence claim from the date of the injury or the date that you first became aware that something had gone wrong with your treatment.

We would urge you to discuss your potential claim with us as soon as possible because your claim will be out of time if you miss this date, which is known as the limitation date.

How much will it cost?
We will be happy to discuss different ways of funding your claim with you over the telephone or in person clearly and in a way that you understand. It may be that you have legal cover through your home or contents insurance policy that will cover the costs of making your clinical negligence claim, or we can discuss the possibility of taking your case on a ‘No Win, No Fee’ basis with you or consider legal aid if appropriate.
How long does it take to bring a claim?

The length of time it takes to pursue your claim is dependant on a number of factors, such as the complexity of the claim and the other side’s approach to settling the claim.

Quite often we may have to wait 1-2 months to receive all of your medical records. We will then have them sorted and paginated and this may highlight some missing records, which we will then obtain from your GP or the hospital that treated you.

Sometimes the doctors that we instruct to comment upon your care and treatment may have a waiting list to prepare their report, but it is essential that we have the right expert to look at your case.

We estimate that it takes approximately 6 to 12 months to investigate a clinical negligence claim depending on the complexity of a case, although cases involving injuries to children can take a lot longer whilst their diagnosis and prognosis is properly assessed. Our aim is to settle your claim as quickly as possible for you.

Should I make a formal complaint about my treatment?
Yes. We can assist you in preparing a letter of complaint to the GP or hospital that treated you under the NHS complaints procedure. Please see our separate guidance sheet for further information on the NHS complaints procedure.
Will the claim go to court?
Very rarely do clinical negligence claims go to court. We would estimate that 98% do not go to trial as the defendant’s usually negotiate with us to settle the claim before it gets that far.
How do I start my claim?
Call us for free legal advice on our 24 hour Advice Line 0800 526368 or click here to email us

Where to find us

3rd Floor, Churchill House,
Chalvey Road East,

T: 020 7379 7277
F: 020 7240 1577

OH Parsons LLP

OHP is a trading name of OH PARSONS LLP, a limited liability partnership registered in England and Wales with Registered Number oc385704. OH PARSONS LLP is authorised and regulated by the Solicitors Regulation Authority | 606560. VAT Number: 239 026 763. Any reference to a partner in relation to OH PARSONS LLP is to a member of OH PARSONS LLP.

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