How Do You Choose The Right Medical Negligence Compensation Solicitor?
Posted on 31st March 2020
Victims of Ian Paterson, the ‘rogue surgeon’ who performed needless surgery on over a thousand patients, have expressed frustration at their struggle to find Medical Negligence Solicitors to represent them. Apparently, only after some effort did the find “sympathetic” Solicitors to listen to them and take their cases on.
Does every solicitor vet every case properly?
The proper answer is “of course they do”, however, this is probably not the case. Many firms, particularly the ‘As seen on TV’ National firms have such a high number of enquiries, they can afford to cherry pick the best cases and decline any that appear risky. At the other end of the scale, some personal injury solicitors are afraid of the unknown and short of having the wrong leg amputated, they may not want to spend the time researching or have the confidence in finding the right answer.
MG Legal, your medical negligence solicitor in Lancaster, take every case, whatever its nature, on an individual basis. We have dealt with every type of personal injury claim including countless medical negligence claims. We listen to our clients, hear what they are telling us and then set about investigating each instance of negligence as an individual case.
What is a sympathetic solicitor?
At MG Legal, your medical negligence solicitor in Lancaster, we are human beings, we’ve got lives outside the business and like everyone have had a mixture of good and bad over the years. Combine that with our professionalism and a desire to do the best for our clients and to secure the best possible outcome and we think it creates a good blend of what is needed to be sympathetic without becoming involved personally.
How do I know if I have a claim?
We will listen to your points and if you haven’t done so already, provide us with a short chronology of what you think went wrong, who was responsible for your care and what you think it has done to cause you injury, delay your recovery or miss the cause of a condition. We will then obtain all of the relevant medical records and review these alongside your written instruction and any points we believe are also relevant. All of our investigations are carried out free of charge, whether we believe you have a case or if not.
If I have a claim, what happens next?
If we believe you have a case, we will accept your case on the basis of a Conditional Fee Agreement (no win, no fee agreement) and write to the fault party, whether NHS Trust, GP, Private Surgeon, Physiotherapist or anyone else who has fallen below the required standard. We may also at this stage ask and independent expert to provide a report on Breach of Duty and Causation, this being an expert opinion from a similarly qualified practitioner.
What Is Causation?
Causation is the legal term for linking a Breach of Duty to any Injury caused. It is possible to have a Breach of Duty but not cause any damage, for example failing to diagnose a fracture is a Breach but if it still heals properly and in a normal amount of time (cracked ribs, for example are generally treated by doing nothing) then there is said to be no Causation of injury.
How is my claim valued?
Many people bringing Medical Negligence Claims simply want an admission that they were wrongly treated, however, with this comes an entitlement to a payment in settlement and so, to value your claim we would use either the same or a similar medical expert to provide a “Condition and Prognosis Report”. This details your current medical situation and how long, if you are not already recovered, any recovery time, plus any effects on your ability to work and perform your usual daily activities, pastimes and tasks.
Is there a time limit on the claim?
As with any type of personal injury claim, there is a time limit. This is said to be three years from the date of the negligence or, because sometimes the negligence is not always immediately obvious, the date of knowledge of the negligence. After three years have passed, you are expected to have either settled your claim or have issued proceedings in the County Court. If you do neither of these things, your claim will be statute barred under the Limitation Act 1980 and you cannot pursue it any further. Our advice is to speak to MG Legal, your medical negligence solicitor in Lancaster, as soon as you are aware of any potential negligence and we will look into it straight away.
How do I instruct MG Legal?
Just call us, send an email or use our web-contact form and we will put you in touch with a member of our Personal Injury solicitors in Preston, Garstang or Lancaster who will speak to you straight away, discuss your claim with you, listen to your points and get the ball rolling by sending paperwork to you the same day.
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