CLAIMS FOR COMPENSATION

Do I have a claim?
To bring a successful claim against a doctor or a hospital we need to be able to show negligence. This means we have to prove that your treatment:

fell below a reasonable standard

and

caused significant injury and loss.

How do I start a claim?
Contact us for advice or call us on 0121 212 9393 and ask to speak to a member of our Clinical Negligence team.

We will contact you, usually by telephone in the first instance, to gather information to help us to advise you.  We may need to carry out research and consider any documents you may have before completing our advice.

Subject to funding being available we will conduct an investigation into your claim. This will involve preparing a detailed statement of your evidence, obtaining copies of your relevant medical records and then one or more opinions of independent specialist medical experts. 

What happens next?
If the independent medical experts support your case we must then send a detailed “Letter of Claim” to the doctor or hospital which sets out the basis of your claim against them. They are then obliged to provide a detailed “Letter of Response”. If liability is admitted we will work to ensure you receive the right amount of compensation. Alternatively, if liability is denied we will advise you whether Court proceedings should be issued.

Will I have to go to Court?
Most clinical negligence claims, well over 95%, will resolve without a contested trial at Court. Where the medical experts support your claim, compensation is often paid by your opponent in an out of Court settlement.

Are there any time limits for making a claim?
Yes. You must start a claim within 3 years of the date of the incident or from the date when you knew (or should have suspected) that the injury was significant and could be due to the treatment involved. In claims involving children this time limit does not start to run until their 18th birthday.

It is best not to wait until this time limit is due to run out but to contact us as soon as you think that you may have a claim.

How long will it take?
This will depend on the complexity of your case. Sometimes there are problems in tracking down your medical records or the particular medical experts may be busy and so have waiting lists.

It usually takes on average 6-9 months to obtain the first expert’s opinion and about 18 months to 2 years to complete a straightforward claim.

How do I contact you?
Please contact us by any of the following methods and one of our specialist Solicitors will be happy to advise you without any charge or obligation:

Telephone: 0121 212 9393

Email: clinical.negligence@challinors.co.uk

Enquiry form - click here

Write to us at:

Clinical Negligence Team
Challinors Solicitors
Edmund House
12-22 Newhall Street
Birmingham>
B3 3EF

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