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Clinical and Dental Negligence

You will be able to discuss in detail the medical facts of your claim with a member of the medico-legal team. This is usually done on the telephone but we also offer a free one-hour interview. Depending on the facts of your claim you might also be asked to complete a questionnaire. As specialists we are able to assess the merits and facts of a case at a very early stage, this is partly due to the fact that we employ five qualified nurses/midwives and three scientists, all of whom support the solicitors in our various work areas.

What details will I be asked for?

In order that we can thoroughly discuss your potential claim with you we will ask you for the following details, and you will be called back where possible the same day.

The medico-legal team will provide you with instant advice as to the merits of your claim. If there are complicated medical or legal issues they will be discussed with the specialist solicitors and Partners in the clinical negligence department.

Funding your case

In any clinical negligence case we start by carrying out a full assessment of your claim. Following this we will discuss the funding alternatives available to you and then investigate the issues by obtaining the relevant medical records and an independent expert opinion.

Where the results of the initial investigation enable us to advise you to proceed with a claim then we will discuss the funding alternatives available to you.

There are three main ways of funding your clinical negligence claim.

  1. Public Funding (formerly known as legal aid). In order to qualify for legal aid you we need to carry out a means test
  2. Legal Expense Insurance - you may have insurance to cover legal or medical claims included in an insurance policy, such as Home Contents Insurance. If you do have this cover you will need to contact your Insurers in order to obtain a claim form. Once the insurers are satisfied as to the merits of any claim you wish to bring your legal costs will usually be covered under this insurance
  3. Private funding - the cost of privately funding your claim will vary depending on the complexity of your case

If you are funding your claim privately it may be possible to negotiate a Conditional Fee Agreement ('No Win, No Fee') or After the Event Insurance once the initial stages of the claim are completed and it is possible to assess your merits of success.

This is intended as a summary of what can be a complex area. All of the financial implications of whatever recommendation we make to you will be fully explained and discussed.

Moving forward

Having assessed your case as having merit and having discussed funding, you will also be given an outline of:

Definitions

Conditional Fee Agreements (CFA) - 'No Win, No Fee'

A CFA is an agreement between Alexander Harris and a client where we represent the client on a no win, no fee basis. For taking this risk on behalf of a client, Alexander Harris is paid a success fee is the case is successful.

The majority of the success fee will be paid by the defendants upon successful conclusion of the case. The small part of the success fee that relates to the delay in receiving our costs is paid by the client out of their compensation.

The agreement exists in tandem with an insurance policy, which underwrites the risk of you having to pay your disbursements and the Defendant's costs if the case is unsuccessful.

Recent changes to the law have meant that upon successful conclusion of the case, any insurance premium paid by a Claimant should be reimbursed by the Defendant to the extent that the actual premium is reasonable.

This area will be dealt with in far more detail when you discuss the funding options with our team.

After the Event Legal Expense Insurance

After the Event Legal Expense Insurance is cover which can be purchased after the accident or event which gives rise to a legal claim. The policy provides insurance cover in a fixed sum for both our costs and the Defendants costs if you r case is unsuccessful.

Although this insurance is now widely available the ability to obtain cover will depend on the insurers own assessment of the risks before deciding to offer insurance.

Recent changes to the law have meant that upon successful conclusion of the case, any insurance premium paid by a Claimant should be reimbursed by the Defendant to the extent that the actual premium is reasonable.

This area will be dealt with in far more detail when you discuss the funding options with our team.

If you believe that you might have a legal claim relating to Clinical and Dental Negligence, please complete the online enquiry form or call 0870 024 0558. Your enquiry will be forwarded to a solicitor who specialises in Clinical and Dental Negligence.

If you have any comments in relation to Clinical and Dental Negligence, please use the online discussion forum.