FAQs

These are the questions most commonly asked by clients. If you have a query that is not included or would like more details, please call us free on 0800 158 5258.

  • I believe many concerned in my care made mistakes, do I have to sue them all?
    If the care you received was provided by an NHS hospital, the Trust which governs that hospital will be responsible in law for all the people who work there, so there will only be one Defendant.

    If your care was provided privately the position is more complicated and you may have to sue more than one party, for example the private doctor who treated you and the hospital at which the treatment was provided.

  • Will it cost me anything?
    How much, if anything, you will be required to contribute to your legal costs will depend on the type of funding that is the most appropriate for you. You may be eligible for Legal Aid.  You may have legal expense insurance without perhaps being aware of it, or it may be possible to offer you a Conditional Fee Agreement ( no win, no fee) at an early stage.  We will explore all funding issues with you at the beginning of a case.  

  • Will I get any money I pay back?
    In English Law the loser pays the winner’s costs.  This means that if successful it is likely that all legal costs will be recovered from the Defendant.  If you have incurred the cost of obtaining your medical records and other investigation costs, these will very likely be recovered in full, in addition to any damages awarded.  In all cases we endeavour to put in place funding arrangements and ensure that our clients are insured against the possibility of losing their claim.

  • How long will my claim take?
    This will depend on the nature of your injury and the type of claim. As a basic rule the more complicated the injury and the more serious the effects caused by the medical harm, the longer the case will take.

    It is safe to say that most claims take a minimum of 2 years and some take as long as 5 or more years. We will be able to provide more specific advice, which is relevant to your claim, once we have formal instructions from you and have made a start on our investigations.

  • How much is my claim worth?
    Again this will depend on the facts of your particular case and is not something we can provide general guidance on. The range of compensation awards is significant and depends on the severity of your injuries and the effect on your life as a whole.  No two cases are alike.  However, you are entitled to claim damages for pain and suffering, and loss of amenity, and damages for any past and future financial loss.  Claims can range between £5000 and £5 million.

  • Why do I have to see more doctors?
    In order to confirm the effects of the negligent care and to be sure of the full effects of the negligence on you for the rest of your life it is necessary to ask a doctor who also acts as an expert witness in legal cases to examine you. These doctors are not treating you but are assessing your condition for the purposes of your claim. This is standard practice and should be nothing to worry about.

  • Have you dealt with a case like mine before?
    We are an experienced and specialised team that deals exclusively with cases involving negligent medical care. We are all legally qualified and our team includes members with nursing, midwifery and medical qualifications.  Our team also includes team members with experience of investigating serious clinical mishaps for the NHS.  Collectively we have more than 50 years experience of dealing with straight forward missed fractures to the most complex obstetric disasters.  There are few accidents and scenarios that we have not encountered and we are considered to be one of the UK’s leading clinical negligence teams.

  • If I bring a claim for compensation will it affect my care in the future?
    This is a common concern and one which we can hopefully reassure you about. In our experience your care should not be adversely affected. You have the right to bring a claim, as you would in any other circumstance where you felt someone had been negligent and caused an injury to you.  Many people fear that their treatment will be affected by bringing a claim, and this is an understandable fear, but one which, in our experience, is not justified.

    If however you do feel that your care has been affected, there are a number of things you can do, for example you could change your GP practice, and if your concern is about hospital care, you could ask your GP to refer you elsewhere.

  • Doctors always stick together don’t they, won’t this make it impossible for me to claim compensation?
    In order to bring a clinical negligence claim we employ the services of doctors who also act as expert witnesses. These doctors have all had specific training in this area and we are very careful to use those doctors who we know will provide a totally impartial and unbiased service.

    When acting as an expert witness the doctors duty is not to you or to us as your solicitors but to the court and they must provide impartial advice.

    If doctors were unwilling to come forward and give impartial and critical advice, claimants would not be able to successfully bring claims, but they do in increasing numbers.

  • Will my legal costs come out of my damages?
    In English law the loser usually has to pay the winner’s costs and these are in addition to any damages also ordered to be paid.  Many clients ask this question because American television dramas suggest that the lawyer is paid out of damages recovered.  That is the case in America, but not the case here.  You would generally only have to be responsible for your legal costs and disbursements to the extent of any shortfall between costs and disbursements incurred and costs and disbursements subsequently recovered at the conclusion of the case.  However, we usually achieve a 100% recovery and have not looked to our client to meet any shortfall in any case that we have settled in the last 8 years.

  • Will my case go to court?
    This is extremely unlikely however we cannot guarantee that we will not have to go to court.

    Only  tiny number of cases end up going to court, the overwhelming majority being settled out of court and by negotiation.  The best guarantee of not having to go to court is to ensure that our client’s cases are properly prepared rendering it certain in the mind of the Defendant’s solicitor that their only realistic option is to settle.  Proper case preparation is therefore the best guarantee of avoiding court proceedings.

  • If I lose my case could I lose my home and savings?
    The risk of paying the Defendant’s costs only arises after legal proceedings have been issued and served, and the majority of cases are settled without proceedings at all.  In those cases where legal proceedings prove necessary we will ensure that you are adequately protected against the possibility of an order for costs by arranging appropriate insurance through a specialist insurance provider.  Alternatively if you already have insurance without knowing it, we will ensure that whatever insurance cover you have, is adequate to cover any risk that might materialise.  At no time have any of our clients had to pay another party’s costs.