Pursuing a claim for clinical negligence can be daunting even when you may have suffered pain, distress and harm as a result of another person’s mistakes.
Placing your health and well-being in the hands of another person is a huge leap of trust and unfortunately there are times when that faith is misplaced.
Errors of judgement, mistakes or delays can occur and even though it may not be intentional, the consequences can be damaging and far-reaching. When this happens, pursuing a claim for clinical negligence is the right course of action as it’s not fair that you should have to suffer the effects with no recompense.
To help support you through the process and to ensure you get the result you deserve, you need a clinical negligence specialist. However, with so many companies on the market offering their services, how can you decide who to pick?
Here is a guide to some of the most important factors you should consider when you are choosing a clinical negligence specialist.
Clinical negligence is a particularly tough type of claim to pursue because in many cases (although not all) the doctors and nurses who caused the problem may have not intentionally set out to harm or act negligently.
Nevertheless, as the victim of clinical negligence you are entitled to pursue a claim; just like in a car accident, you should not end up worse off as the result of another person’s actions. But if you do, you are entitled to compensation.
With clinical negligence, the claim details will be particularly technical, and not more generic like other types of compensation cases. Understanding the nuances of your medical condition, and exactly how you were failed is fundamental to winning.
For this reason, it’s absolutely essential that you pick a clinical negligence specialist who has relevant expertise in the field. Experience in dealing with medical negligence cases is not sufficient; you need experts who understand your specific medical condition and ideally, have dealt with similar cases in the past.
Taking a look at the firm’s website can provide a lot of clues about the depth of expertise; if there is lots of information readily available you can feel reassured that you are dealing with professionals who will understand what action needs to be taken.
As victims of clinical negligence, you are in a vulnerable position and the chances are that you will not know much about the process that needs to be followed.
Unfortunately, like any industry, there are rogue traders who try to exploit individuals who are looking for help.
One good indicator is whether a firm is regulated.
Companies that provide legal advice and services should ideally be regulated by the Solicitors Regulation Authority (SRA), an independent body originally set up by the Law Society.
The SRA provide supervision as well as a code of conduct which members are expected to adhere to and have the power to take action against those who don’t meet their standards, including closing a firm if they represent a danger to the public or have committed a serious breach.
You will be able to see if a company is regulated by checking on their website. If in doubt, ask for confirmation; any reputable professional will be more than happy to answer questions on the subject.
An all-inclusive service
If you have to pay a fee before you pursue a claim for clinical negligence, you might think twice about whether you can afford to go ahead.
The idea can be daunting enough without the added worry of incurring huge legal costs. If you look for a clinical negligence specialist who operates on a no-win no-fee basis you can be certain that you won’t end up even more out of pocket if you aren’t successful.
You should also expect your chosen specialist to provide all the services you need, or at least be able to organise them. You shouldn’t have to liaise between several different parties to co-ordinate your claim when there are professionals who can take care of it all on your behalf.
Choosing the right clinical negligence specialist can help your claim progress far more smoothly and with the minimum of stress. Understandably you may feel anxious about making a claim, but by ensuring that you pick a specialist who has the right type of expertise with plenty of years of practice, you will get the help and support you deserve to reach a fair outcome.