Friday, 22 January 2010

No Win No Fee Medical Negligence Cases - Is It Worth It?

No Win No Fee Medical Negligence - Is It Worth It?
When a member of a medical staff, such as midwife, surgeon, physician or GP fails to treat a patient with due care resulting in personal injury or in the worst case death, it comes under medical negligence. Mostly the medical negligence cases include surgical errors, misdiagnosis and birth injuries.

Medical negligence is a very frightening experience. A slight negligence on the part of a medical professional can lead to a very serious situation and even death. Every individual has a legal and civil right to claim damages for any such medical negligence. Compensation to your pain, suffering, loss of income and expenses that you incurred due to this accident, needs to be taken care of. The occasional mistakes on the part of medical professionals occur due to long hours of working in a very stressful environment and utilization of hospital resources to the maximum extent possible.

The basic ground of a “no win no fee medical negligence claim” is that you will not have to pay the solicitor’s fee if your claim is unsuccessful. With “no win no fee medical negligence” claim you are not required to pay a single penny for filing a case; the legal fees are paid at the end of the claim, with you being poorer an dthe lawyer richer, in case of a win. If you succeed in your “no win no fee medical negligence claim, payment to your lawyers will be made by the insurers of the medical practice, hospital etc. If you do not succeed in your medical negligence claim, all your legal fees and expenses are covered through “after the event” insurance.

A no win no fee claim can usually be filed within three years, but there are exceptions for children under 18 and the mentally disabled.

No win no fee medical negligence claim is not worth to the extent it is boasted.

First of all, there is no legal aid for most of the personal injury claims, but it is available for some medical negligence cases. A claim can be pursued on no win no fee medical negligence basis. But you still need to contribute significantly towards the costs and fees when making a medical negligence claim with legal aid. The medical negligence claims are not as straightforward as most of the other personal injury cases.

The “no win no fee medical negligence” claim solicitors will require seeing medical notes and hospital records to substantiate your case. If the case is potentially successful they proceed by organizing for a medical specialist to prepare a report in which details of the type of personal injury, treatments you have received for it and prognosis for your injury.

It is because a medical negligence claim relies on the evidences collected in favor of the case and it can be done only by skillful specialist medical experts. This involves both the cost as well as money. To make no win no fee medical negligence claim case acceptable by a personal injury law firm, it should be water tight. All in it involves thousands of pounds for initial medical assessments. Your no win no fee medical negligence claim is taken up by Claim solicitors only when if it looks as though it is likely to be a success.

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