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Medical Negligence Claims – No Win, No Fee Guarantee from The Injury Lawyers

medical negligence claimsWe can sometimes offer 100% compensation for medical negligence claims – read up here

Medical negligence claims are often very hard to win. If you have suffered whilst under the care of the NHS, it does not automatically entitle you to compensation for any pain and loss caused. It’s about proving that the duty of care that has been provided was below the expected standard, and that this has caused the suffering.

So when can we offer No Win, No Fee guarantees for Medical Negligence Claims?

Proving Negligence

We must prove that the level of care has been negligent, and that this has caused you problems. The burden is on you as the victim to prove that you are owed compensation, and we will normally argue this for you as your qualified expert legal representative using our experience and expert evidence.

The common scenarios were you may be owed compensation can be:

  • A failure to properly (or at all) diagnose
  • Failure to properly treat or refer
  • Treating or procedural mistakes
  • Incorrect or too little advice
  • Neglect of care

Proving any of the above can be difficult. Sometimes, certain injuries and disorders are not clear immediately. For example, an arm may be so badly swollen that a fracture wouldn’t show on an x-ray. But if you have a follow up x-ray four weeks later when the swelling has reduced and it shows a fracture, that doesn’t mean it was missed – it could mean it was too difficult to diagnose as it couldn’t be seen on the first x-ray image. If the x-ray showed a fracture but the medical team failed to reasonably spot it on an x-ray, that’s when we could argue negligence.

If you are given the wrong advice because the medical professional failed to diagnose you correctly, this again can lead to a claim. If you are not warned about a particular adverse affect, and this might have changed your mind about going ahead with certain treatment, that could be negligence – but suffering from scarring or an infection which was an inherent and accepted risk of a procedure isn’t necessarily negligence.  Most procedures and treatments carry inherent risks, and if you are the victim of one, it may be very hard to win a claim.

When can I get a No Win, No Fee?

It can be hard to say at first whether you have a claim or not. A lot of it can be down to getting access to your medical records and possibly making a complaint before initiating a claim. Speak to us on a free, no obligation, basis on 0800 634 75 75 and we’ll advise if we are prepared to make initial investigations on a No Win, No Fee basis for you.

If there are good enough prospects, especially after seeing your records, we can offer to act on a No Win, No Fee basis meaning you are not charged if the case is unsuccessful.

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