Upon contacting us, we will assess your claim to see if we are able to prove that the surgeon or practitioner has been negligent. It is also necessary to initially assess the level of injury and loss that has occurred due to the practitioner’s negligence.
Once we have completed our initial assessment, we will discuss the various methods of funding available to meet any legal costs. The vast majority of cases are funded by way of a Conditional Fee Agreement, more commonly known as a ‘No win, no fee agreement’. Other methods of funding include Legal Expenses Insurance or Trade Union Funding.
Obtaining Medical Records
Once a funding method is in place, we will then take steps to obtain copies of any relevant medical records. To obtain copies of your medical records, you will be required to complete authority forms to authorise the practice or hospital to release them to us.
Obtaining Medical Evidence
As soon as we are in receipt of all relevant medical records, we then need to obtain evidence from a medical expert to assess whether the procedure carried out was of a substandard nature and if so the extent to which you have suffered as a result. The medical expert will compile a report of his/her findings.
Letter of Claim
Once we have obtained evidence to prove that the procedure carried out was substandard, we will present your claim to the Defendant by submitting a Letter of Claim detailing allegations of negligence, your injuries, present condition, prognosis for recovery and details of any other financial losses incurred as a result of their negligence. If appropriate, a valuation of your claim may be made at this point and an offer of settlement put forward within the Letter of Claim.
The Defendant must respond to the Letter of Claim within 4 months and state whether or not they are admitting breach of duty. If breach of duty is admitted, the Defendant must either agree settlement or begin negotiations by putting forward a counter offer.