Five more FAQs on medical negligence claims


Can I make a claim for medical negligence against my dentist?

Yes, your dentist is classed as a medical professional. They have a duty of care towards you that means your treatment should be carried out in accordance with all current medical standards.

What is ‘after-the-event insurance’ and do I need this?

When a medical negligence solicitor takes on your case, they will often ask you to take out ‘after-the-event insurance’. As its name suggests, this is an insurance that you take out once you have discovered you have a legal claim as opposed to normal insurance which is taken out before an event. This type of insurance is advisable, as it protects you from the costs that could be awarded against you if were to lose your case.

How does the NHS Litigation Authority affect my claim?

If your alleged medical negligence is against a medical professional who works for the NHS, the NHS Litigation Authority will handle your claim. Your medical negligence solicitors will negotiate with the NHS Litigation Authority about every aspect of your case. The Authority will look closely at the evidence that your solicitor have gathered to show that negligence actually took place.

How does the concept of ‘remoteness’ affect my claim?

For your claim to be successful, your medical negligence solicitor has to show that the action or inaction of the medical professional who treated you directly lead to your injury. The law of negligence uses remoteness as an additional test to stop unfair litigation. Remoteness of damage ensures that your injury can be linked to the negligence of the other party and that it is not unreasonable to attribute blame.

Do I need a solicitor when making a medical negligence claim?

Medical negligence solicitors have specialist knowledge of this area of the law. Due to the complexity of these cases, a solicitor is vitally important to ensure the success of your claim. If you have a medical negligence solicitor working with you, the chances of your case resulting in the level of compensation you are looking for are greatly increased.

If you would like to obtain legal advice on medical negligence claims, Contact Law can put you in touch with a local medical negligence solicitor free of charge. So, if you have any questions or would like our help in finding local medical negligence solicitors please call us on 0800 1777 162 or complete the web-form above.

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