Medical or Clinical Negligence is rare, we in the UK benefit from a system of medical education and training that is second to none. Our clinicians are among the very best in the world and our clinical facilities are first rate. However, the demands on our medical services are increasing the budgets available for these institutions are either static or decreasing and almost everywhere in the healthcare sector things are stretched thin by this demand. In such environments patient safety suffers. Inevitably, mistakes occur. Many such mistakes can be without significant effect, however, occasionally such mistakes can be catastrophic for the patient concerned. At these times, it is right and appropriate to take things further. We, in Appleby's Clinical Negligence Department only deal with such matters, we are qualified lawyers whose careers have been shaped by the very specialist litigation that surrounds medical negligence claims.
You are not alone
You are not alone. We have a specialist team experts supporting our lawyers who currently practise medicine and cover every conceivable area of medicine. We have specialist solicitors who are highly experienced in in medical negligence law and commit to extensive training not just in law but in medically related subjects as well. Many of our legal team are in fact dual qualified in both medicine and law. They can help you recover a sense of control over your treatment and your life. We have helped thousands of people with the complex process of a hospital related clinical negligence claims and we are accustomed to representing our clients at every stage of the process, through investigation, alternative dispute resolution, settlement or trial. You will discover that our processes for initial consultation (completely free) will enable us to rapidly assess the merits of your action and the next steps. We can advise you there and then of the most appropriate funding route and for the strongest claims we are able to offer no win no fee representation.
The Right Approach
There is no such thing as a simple clinical negligence claim. All of these claims require significant investigation and research. We are the sort of lawyers who prepare meticulously, we believe that every case deserves the highest possible level of attention which is why we don't make silly promises about how much or how fast a claim can settle, in our experience such promises are made by the weakest lawyers. Instead we carefully vet the evidence and build a case for you, we involve some of the highest qualified and most experienced clinicians currently working in whatever clinical speciality is appropriate. It is not unusual for several such experts to furnish reports over a single case. We draft your action with great attention, involving senior Barristers who frequently also benefit from being dual qualified in law and medicine. We then initiate an action only when we know that the prospects of such actions are very high. This approach has won time and again where others fail, we have a success rate which is envied across the industry.
The Right Attitude
Our clients are our reputation, referrals from friends and family are a regularly recurring feature of our practice and we are justifiably proud of this. We commit to a transparent case plan for each client and we discuss the progress of this plan with you as the claim proceeds. We involve all clients in the selection of suitable clinical experts and if you need to see a clinician we always try and ensure that a suitable expert is available as near as possible to minimise travel. Our clients also benefit from regular conferences with ourselves and experts over the often highly technical expert reports. We update you in writing regularly and frequently and we maintain an open communication path so that clients can always speak to somebody in the team and of course the team will always return communications within strongly defined service standards. We want our clients to belong to our team, you are after all, the primary witness in your action and no one can talk more confidently or authoritatively about your condition or your treatment than you. Everything we do therefore, is about putting you at the centre of these actions. We also maintain a quarterly magazine (Trials and Tissues) which is issued to all clients and enquirers and covers subjects including medical law, recent decisions, new research and articles which are of benefit to existing and recovering patients.
The Right Result
Only specialists in Clinical Negligence can confidently draft schedules of loss in these actions. The damages available for the pain, suffering and loss of amenity that you have suffered is simply the starting point for compensation. What is frequently many times greater is the losses that you face in earnings or future earnings that you will lose as a consequence of your position. Also private treatment, surgical costs, cosmetic issues, ongoing medical or pharmacological support, care, physiotherapy and specialist medical devices and living aids are only even known to those who have practised in this area extensively. Don't trust your action to anyone who doesn't have this specialist background. The difference is clear in settlement amounts and in the breadth of settlements that we achieve for our clients.
The Right Decision!
Contact us today and we can set your mind at ease surrounding, timescales, funding and risk assessment. If you don't like what you hear, you are not obliged to do anything and if you do we are waiting to help.
Solicitor and Higher Court Advocate, Graham Gregory Balmforth, explains how no win no fee funding arrangements for clinical negligence works at Applebys Solicitors.
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Q. What is medical or clinical negligence?
A. Medical or clinical negligence is when you have been the victim of a poor level of care from a medical professional which has resulted in a spinal injury, brain injury, general injury, mental health issue or in some cases death. A claim for compensation can be made if the medical accident took place in the NHS or privately and can apply to consultants, doctors, GPs, dentists or other medical staff either at a hospital or at another medical facility. In addition all kinds of treatment can be covered.
A Poor care and clinical negligence are not necessarily the same thing and negligence is something that is very much defined in law. A key feature of a successful claim is being able to show that you suffered a loss or injury due to the treatment you received.
Q. Should I contact you?
A. Too many people do not get the compensation they deserve because they do not realise that they have a case! We offer free advice on whether you may have a case and our legal experts will be happy to discuss your individual circumstances. Don’t miss out because you didn’t take appropriate professional advice!
Q. How long will a claim take?
A. This will depend very much on the individual circumstances of the case.
Q. Will I get all the compensation I am awarded?
A. If you have been the victim of a poor level of care from a medical professional then we can help you claim the compensation you deserve. In most suitable cases Applebys will make a no-win, no-fee, compensation claim for any injuries you suffered due to your injury as a result of poor medical treatment.
Q. How much compensation will I receive?
A. Each medical claim is different, and the compensation will vary depending on the severity of the injuries. We evaluate each case to determine the extent of the injuries, any long-lasting effects or impairment, lost time from work and any other related expenses resulting from the accident. In general, more serious or permanent injuries will result in a higher settlement.
Compensation awards are also affected by the victim's ability to perform the same amount of work as before the accident and to engage socially. The medical awards are determined by a physician's evaluation of the treatments required and the amount that the claimant could be expected to pay.
Q. Can I make a claim on behalf of a loved one who is no longer with us due to medical negligence?
A. Yes, though this is quite a complicated area of the law. Please call us to discuss your individual circumstances and we will be able to advise you.
Q. Will I have to appear in court?
A. This is a possibility, however we will endeavour to avoid this when ever possible.
Q. Why use Applebys Solicitors?
A. Applebys are a firm of solicitors specialising in all aspects of personal injury law. This includes the complex area of medical / clinical negligence.
At Applebys Solicitors we have specialist legal experts who have perfected the claims process so that there's the minimum amount of inconvenience to you. We offer an end-to-end claims process that ensures that all aspects of your claim are taken care of. The primary goal of Applebys is to make the process of filing a claim as easy and painless as possible. We know that most victims are not experienced in dealing with health care professionals. At Applebys we will work hard for you to ensure there are no undue delays and that you receive all the compensation you deserve.