Medical Negligence FAQs
Why should I choose IBB?IBB have a dedicated team of Clinical Negligence specialists, who are members of a number of organisations, including Headway the brain injury charity and the Association of Personal Injury Lawyers
What is Clinical Negligence?Clinical Negligence is where the treatment provided to you by a medical professional, falls below a reasonable standard and a result you are caused harm, injury or damage that would have otherwise been avoided, if the appropriate care and treatment had been provided to you. If a course of action has not resulted as well as one would have hoped, then this does not necessarily mean that there has been clinical negligence.
Is there a time limit in making a Clinical Negligence Claim?There is a three year time limit for bringing a clinical negligence claim, this time period begins to run from either the date of the negligence or the date that you first knew or could realistically have been expected to know that your injuries had been caused due to someone else’s fault. In the case of children, Court Proceeding’s must have be commenced by the child’s 21st birthday, as the time period does not begin to run until the child becomes 18 years of age, regardless as to when the negligence has occurred before this date.
If the clinical negligence is in the respect of someone who has now died, then the time limit will be three years from the date of death, of that person.
What exactly can I claim for?We can only obtain financial compensation for clinical negligence claims. Sometimes all our Clients would like is an apology from the negligent party. Apologies are sometimes offered but we cannot guarantee that we can obtain this. Whilst we are unable to influence a Claimant’s current clinical treatment, if treatment is required as a result of the clinical negligence, then we can obtain future funding to pay for this treatment. Clinical Negligence compensation is made up the following aspects:
- Pain, suffering and loss of amenity – This is an amount of money for the actual injury. These awards are governed by the Judicial College Guidelines, and the amounts are given as a guide and determined by the type of injury sustained.
- Loss of earnings (past and future);
- Costs of travel
- Reduced employment prospects;
- Cost of care;
- Cost of medication;
- Cost of private medical treatment
How much compensation will I get?There is no set amount that any one person will claim. Each claim is individual and will depend on the type of injury sustained and how this has affected the individual. Full account is taken of individual circumstances. Compensation can vary from £1,000 or up to several million pounds for the most serious injuries.
I cannot afford to pay legal fees. Can I still claim?It is frequently the case that cases are funded by what is colloquially known as “no win, no fee” agreements, which means you do not to have to worry about having to pay legal fees to bring a claim. Furthermore, you can protect yourself from not having to pay the other side’s legal costs if you lose, by taking out a policy of insurance, which costs nothing if you lose. Therefore, you can bring claim without having to worry about paying legal fees either to IBB or the other party who caused the injury.
How long will my case take?Every claim is different. Therefore, there is not a specific timescale to settling the claim. Initial investigations will be required to establish whether a claim has the required merits and prospects of success. The more complex or serious the injury the more investigations will be required to establish the exact consequences of that injury. The timeframe can also be influenced by the other side; if the injury has resolved and liability is admitted quickly then the claim can be resolved a lot sooner. A general guide is that simple and straightforward moderate claims should be resolved in around 12-18 months. However, in some cases this could be much sooner. An important aspect of settling any clinical negligence claim is to ensure that the correct amount of compensation is recovered depending on the extent of the injuries sustained.
Can we phone you if we have any problems?Yes. If your lawyer is not here, then one of our assistants can take a message and we will call back. You will have our landline and mobile contact numbers.
Will you keep in regular contact with us, and how will this be done?We will keep in regular contact, advising regularly on the progress of the claim and identifying milestones. We will provide you with detailed updates at each milestone and explain clearly what is required form you in order for us to progress your claim through to settlement. We will write, either by letter or e mail, which ever you prefer.