Frequently asked questions
Medical or clinical negligence occurs when the care provided by a healthcare professional, whether in the NHS or private sector, falls below the accepted standard, leading to patient injury. This negligence is assessed against what a responsible body of medical opinion would deem reasonable under similar circumstances.
You may be entitled to compensation if you can establish that a healthcare professional, such as a GP, hospital doctor, dentist, or nurse, was medically negligent and that this negligence directly caused your injury. Proving both the negligence and the resultant harm is essential for a successful claim.
You can change your mind at any stage during the course of your claim. However, there can be costs consequences that you need to be aware of when making this decision and you should speak to your solicitor first.
If you were seen at home or had a video / telephone meeting when you entered into the ‘no-win, no-fee’ agreement with your solicitor, then you will have a 14-day cooling-off period from the day after you received the agreement signed by your solicitor.
During this cooling off period, you can decide not to continue with the ‘no-win, no-fee’ agreement with no cost consequences to you by completing and sending to your solicitor a cancellation notice.
If you attended your solicitor’s office to enter into the ‘no-win, no-fee’ agreement, or are outside the 14-day cooling-off period, then cancelling the ‘no-win, no-fee’ agreement will incur costs consequences.
Your solicitor will speak to you about what costs you will be responsible for if you change your mind about continuing with the claim. You may have to pay for any disbursements (e.g. experts’ fees) that have been incurred on your behalf and for your solicitor’s costs.
Generally, you have three years from the date of the incident or from when you first became aware of the negligence to make a claim. There are exceptions, so it is important to seek legal advice as soon as possible. For more information, please select the link below.
It is understandable that you may wish to share aspects of what you have experienced with your friends and family on social media, or that you may wish to speak to the press about what happened to you. It is important to bear in mind that your social media content can be included as evidence in court, both for and against a claim. There have been cases where social media posts have contradicted statements made by claimants about their injuries, which has led to the claim being reduced significantly, or reduced in its entirety. Claimants who put themselves in this position risk facing criminal charges as well. Be aware that anything you share online may be considered evidence. Everything included in any statements to the court about your injury must be an honest account of your activities, which is reflected in on your social media. Please speak to your solicitor about your social media content if you have any concerns.
