What is a 'No Win, No Fee' Medical Negligence Claim?
We all hear the term 'No Win, No Fee' in relation to legal charges, but what does it mean?
Making a claim for compensation
If you or a loved one are adversely affected by negligent medical care, you are legally entitled to make a claim for compensation. What this means is that, if you suffer a worse outcome from substandard medical care than you would have experienced with an acceptable level of care, any losses which you have suffered as a result can be recovered from the relevant medical professional.
For example, if damage to the bowel during abdominal surgery has left you unable to work to the same extent or in the same type of employment as prior to your operation, you can make a claim for the lost income, both past and future, as well as being compensated for your pain and suffering.
'No Win, No Fee'
However, compensation claims for medical negligence are extremely complex and sometimes come down to a dispute between two or more medical experts as to whether or not the patient's quality of care had been negligent and whether or not any negligence caused the symptoms which the patient is now experiencing.
Occasionally, it is not possible to prove from the medical records that an act of negligence has definitely occurred. In circumstances such as this, a claim for compensation may not be successful.
When a claim is not successful, we do not ask the client for payment. Therefore, the payment terms are 'No win, no fee.'
When a claim is successful the Defendant will cover most, if not all, the costs we have incurred in the course of investigating and fighting your case, such as the Court fees, the costs of a barrister and the charges of the medical experts who assess the quality of your care and its impact on you.
The only fees which we request from you are the fees for our own time plus, occasionally, where we have been unable to recover all our costs from the Defendant. These fees come from the damages you are awarded and are always capped. The maximum percentage of your damages which we would consider requesting will be made clear at the outset of the case.
Speak to a legal specialist
Glynns Solicitors is a dedicated medical negligence legal practice of long standing with a team of experienced, specialist lawyers. Contact us if you think you may have been the victim of medical negligence to talk to a solicitor, free of charge, about the possibility of making a claim.
Please call us free on 0800 234 3300 or complete our Online Enquiry Form.
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