Trans4mind Home Page
~ A Journey of Self-Discovery ~

Explore Article Library

Making a Claim For Medical Negligence Compensation In The UK

By Martin Nolan

In the UK were a extremely fortunate to have a Healthcare system that is one of the best in the world. Despite the huge task that they are faced with, the National Health Service (NHS) performs its role extremely well.

New efficiency targets and standards of excellence have been set by the Labour Government since they came to office in 1997. There have been considerable improvements in the service generally. However, because of the sheer volume of people using the NHS, it is inevitable that not everyone will have a happy or positive experience.

The very fact that the NHS have tough targets to meet and a streamlined budget means that staff are constantly under pressure to perform and the law of averages dictates that mistakes will happen.

If you have been the victim of a medical error the law in the UK allows you to make a claim for clinical negligence against the health professional or local "Trust that treated you.

You generally have 3 years to make your claim from the date of injury but this can be extended if you later learn of (or receive knowledge of) the injury following further medical advice. Limitation in this area can be complex and you are advised to seek a legal opinion on your circumstances even if the initial 3 year period is spent.

In order to pursue a claim, you must firstly have your case assessed by a clinical negligence lawyer. The Law Society of England & Wales have a select panel of lawyers / solicitors who are authorised to deal with these claims. The Clinical Negligence Panel is a very select group of specialist lawyers. You must ensure that any lawyer who you instruct to deal with your case is actually a member of the panel. This will provide you with an opportunity to receive the best possible advice and legal representation.

You will need to consider how best to "fund your claim. This means that you will must deal with the question of how the legal costs in pursuing the action are to be paid for. There are a number of funding options because medical negligence claims are treated rather differently to accident related personal injury claims in the UK:

"You might be entitled to Public Funding (formerly "legal aid") which means that your costs and disbursements (expenses necessary to prove the claim) will be covered by agreement with the Legal Services Commission.

"You may opt for a "No win No fee agreement with your solicitor. Here your legal representative agrees to act for you on the basis that they will only recover costs if / when they win your claim. You would be liable for payment of any disbursements and would need to insure against losing the case in court and having to repay defence costs.

"If you are a member of a Trade Union, there may be provisions within the benefits of your membership to pursue a claim without incurring costs.

"You may have a legal expenses insurance policy which will cover you for such a claim. These policies are commonplace with for example Home insurance policies in the UK.

"Finally you may wish to fund the claim privately by paying your lawyer on an hourly basis. Reasonable costs and disbursements would be recovered if you were successful in making your claim.

Once the funding issue has been dealt with, the next step involves assessing and proving liability. Very often it can take time to properly establish liability. This is because most cases are usually complex in nature and initial investigations need to be carried out in many cases. These investigations can involve reviewing the claimants medical records (GP notes etc) and asking the claimant to undergo a medical examination.

In order to win the case you must show that a "standard of care" was owed to the claimant by the defendant (medical professional) and that this standard was breached. You must then establish causation - in other words prove that injury or harm resulted from the breach.

It goes without saying that medical negligence claims are very complex and can take a long time to conclude. They are not run of the mill claims that can be dealt with by any lawyer. You need specialist legal assistance from day one and must be prepared to cooperate fully with your lawyer.

The levels of compensation can be substantial. This is mainly because the injury or harm in many cases can be severe and long lasting. If your claim succeeds you may be able to claim for future treatment costs, loss of earnings as well as pain and suffering.

If you have suffered injury in these circumstances, please contact an authorised lawyer for advice.

For more information about making a medical negligence claim in England & Wales, please visit our "Medical Claims UK claims website.

About The Author
This article has been written by Martin J Nolan who is a legal marketer for UK compensation lawyers offering free Medical negligence NHS compensation advice in the UK


Careers & Employment
Grief & Loss
Kids & Teens
Public Speaking
Self Help
Self Improvement & Motivation
Sexual Relations
Stress Management
Travel and Leisure

From our extensive site, you'll find good info on many topics using this search:

Want to renew your life?

Our online, interactive video workshops present the most effective methods of holistic personal development...
Start off with a Free Life Assessment and a Free Consultation...

Have a question about Trans4mind Training?

Frequently Asked Questions
What Are Our Fees?
Email Peter Shepherd

Support your personal development with these popular and effective hypnosis downloads...

This is our selection of favorites, but there's a session for every need! Choose from over 800 Hypnosis Downloads...
Search now on an issue that interests or concerns you...

Welcome to the New Wave in Meditation Technology

Click here to learn more about the iAwake Profound Meditation Program
The iAwake Profound Meditation Program
is a way of enhancing your meditation practice, making meditation not only easier and more enjoyable, but also more efficient and effective.
Profound Meditation provides the smoothest, deepest, richest, most profound meditation experience available anywhere...
Here is a link to a free 20-minute track from iAwake Technologies - a sample of the type of tools that will deepen your meditation immediately and help you quickly become a successful meditator. It's the opening track of iAwake's flagship product, the Profound Meditation Program, called the iAwake Experience...
Learn More and Download the iAwake Experience
We think you'll find this technology a tremendous aid on your transformative journey of becoming your best and most creative self - and you can get started today!
And here's a fantastic resource for self-education...

The World of Inspiration eLibrary

World of Inspiration
A treasure trove of personal development wisdom

Step inside. Just like a real library, there are thousands of quality eBooks presented on three "floors" and in different "rooms." To purchase your $15 Lifetime Membership to the World of Inspiration eLibrary, click the following button:

Payment is made through our secure transaction agent, PayPal.
The transaction is in the language and currency of your choice.
"I want to just say 'WOW!' This collection is probably the best money I ever spent! I've already received many times over in personal enrichment after just 9 days. I've had a past metaphysical background, but even newcomers to this material will really benefit. Thanks again." ~ J.S. (Pennsylvania, USA)
"The collection is everything which you promised. And more! A superb contribution to the good of the world. Many thanks indeed." ~ R.P. (Georgia, USA)
"Just a short note of thanks for the library. I've only had membership for several days now but I already feel this is perhaps the most interesting compilation I have yet seen. Worth far more than the price of admission. The browser linked structure works well and makes it easy to manage such a large storehouse of information. It is rarely that I find something I like as much as this or that I feel strongly enough to write a note like this." ~ P.W. (Minnesota, USA)
Copyright © 1997-2016 Trans4mind Ltd