Clinical negligence - Frequently Asked Questions

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Is it just doctors that I can make a claim against?

No, you can claim not only against Doctors (and that includes GP's, hospital doctors in both NHS hospitals and private hospitals), Opticians, Dentists, Physiotherapists, Beauty Therapists, Cosmetic Surgeons, Nurses, Nursing Homes and Pharmacists.
 
Is there any time limit to starting a claim?
Yes. The most important thing is the date of the treatment you are concerned about because any court case has to be started within 3 years of that treatment, or the date on which you knew or should have known that you had a significant injury from the treatment. Different rules apply to the under 18's and those unable to act for themselves.
 
Do all Solicitors do this type of work?
No. It is a specialised area and it is important to look out for a firm that has a franchise from the Legal Aid Board and members on the Solicitors Regulations Authority's Clinical Negligence Accreditation Scheme.
 
Can I make a complaint about the treatment that I have received?
Yes. If you are unhappy about the treatment or service you have been provided with by an NHS hospital or GP then you can make a complaint to them and receive a response. You should normally complain within 6 months of the event concerned however there is discretion for this time limit to be waived. If the treatment or service was from a private medical practitioner then you will need to contact them for details of their complaints procedure.
 
How do I go about making a claim?
As soon as you have concerns about treatment you have received then we encourage you to contact a specialised clinical negligence solicitor for initial advice as to whether you have a potential claim.
 
How can I afford to make a claim?
Funding may be available from a variety of sources:
  • No win, no fee arrangement
  • Legal Services Commission funding (Legal Aid)
  • Legal fees protection through your household or car insurance or trade union membership
  • Personally funded.
We offer a free, no-obligation initial discussion of cases.

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