| If you believe that you have suffered at the | | | | you will be responsible for these legal costs |
| hands of a medical professional, can you make a | | | | yourself. |
| claim for medical negligence compensation without | | | | This explains why a No Win No Fee Agreement |
| incurring substantial legal costs? How can you | | | | might be a very useful tool for you if you want |
| protect yourself from the potential costs liability | | | | to pursue a medical negligence compensation claim |
| to the National Health Service Litigation Authority | | | | but do not have a limitless supply of funds. |
| (NHSLA)? This article looks at the costs position | | | | What Is A Medical Negligence No Win No Fee |
| of medical negligence claims. | | | | Agreement? |
| What Is Medical Negligence? | | | | This agreement allows you to pursue a claim for |
| It is first worth considering what can amount to | | | | compensation without paying your legal costs as |
| medical negligence. Broadly speaking medical | | | | you proceed with your claim. Alongside the claim |
| negligence happens if a medical professional | | | | you will take out what is called an 'After The |
| whose care you are under, fails to treat you to | | | | Event' legal expenses insurance policy. This |
| an accepted standard or to treat you at all and | | | | protects you should you pursue your claim and fail |
| you suffer an injury. This could be treatment by a | | | | to win. In this case, if the NHSLA obtain a costs |
| surgeon in a hospital, your general practitioner | | | | order against you these costs will be paid for by |
| failing to diagnose a serious condition, or even a | | | | the Legal Expenses Insurance company and not |
| physiotherapist treating you when they should not | | | | you. Therefore, it limits your risk. Many specialist |
| have done so. | | | | medical negligence solicitors will now act for you |
| Why Do These Claims Cost So Much? | | | | under a No Win No Fee Agreement. |
| Medical negligence is a very complicated area of | | | | When you contact a solicitor they will ask for all |
| law, and therefore also a costly one to pursue. | | | | of the information relating to your potential |
| You will need medical evidence from another | | | | medical negligence claim. They may ask to see |
| medical professional to advise whether the | | | | your medical records and then they will assess |
| treating doctor was negligent. You are also likely | | | | whether your claim is suitable for a No Win No |
| to need an opinion from a barrister as well as | | | | Fee Medical Negligence Agreement. Usually they |
| your solicitor's representation. In addition to your | | | | will agree to make these preliminary investigations |
| own legal costs, if you pursue a claim against the | | | | without charging you, although you will need to |
| NHSLA and lose your claim, you may also be liable | | | | check with each solicitor before proceeding. |
| to pay their legal costs. Therefore, costs can | | | | You will then be able to decide whether you want |
| quickly rise; often to several thousands of pounds. | | | | to make your claim for compensation. |
| If you do not have any legal expenses insurance | | | | |