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Claims R us or Solicitor

6 replies

1099 · 17/07/2020 10:57

I'm in a position where I'm considering making a claim against the NHS for medical negligence, I initially made a complaint via PALs and they have agreed that certain procedures weren't carried out correctly. However I don't know whether to employ a solicitor/Lawyer or go with one of the No win No fee firms on the high street. Does anyone have any Pros and Cons. Also the websites I've looked on don't seem to have any indicators about much these firms take if you do win, does anyone have any idea what %age (I assume) they take.

OP posts:
Pleaseandthank · 17/07/2020 17:18

Nc for this post.
Hopeful bump for you. Not sure I can give you specific information your asking for but my experience is as follows.
I'm not sure which is the best way to proceed, I ended up going for no win no fee as it seemed the only way I could afford it.
I'd gone down the Pals route and they tried pushing it all under the carpet. I didn't do anything for a while then they said something that made me think they really didn't care and I felt I'd end up finding out that someone else had suffered and I'd feel guilty - I needed processes to change.
I therefore instructed a no win no fee solicitor (can't remember the % cut but particularly high) as it seemed the only way to get the trust to listen to me. Be warned its a long process - I'm into year 6 - hopefully coming to the end in next 6 - 12 months. Honestly if someone had told me what it would be like I'd not have started the process. I've had 10 medical examinations. Multiple accusations thrown about. My life even pre incident has been dissected in minute detail. It has been very traumatising. We're at the point where it's looking quite hopeful and my claim is such that they expect a high 6 figure pay out (prior to solicitors cut). But the money could not/will not compensate for what they have put me through. I lost my job, suffer chronic illness, my family have been affected, my partner left as he couldn't deal with it, my life literally is unrecognisable from 8 years ago. However if we win my share of the money will help support me financially long term. Paying for services I used to be able to do myself, allowing me to live independently as possible and give me some financial security all of which I will be thankful for.
So basically go in with your eyes open it's not an easy journey but to get to the point you're at something horrible has already happened to you. Take it step by step and be honest with your solicitor (I always tell him if it's getting too much and ask for reports/medical assessments to be spread out and to be prewarned of what's coming up). Make sure you have someone to confide in when it gets tough and always remember why your doing this.

LovingLola · 17/07/2020 17:20

If you lose will you potentially be liable for the legal costs of the other party? Does no-win no-fee only apply to your own costs?

Likefootball · 17/07/2020 17:27

Just one thing, doesn't the NHS have enough to do without people sueing them ?
Any compensation you get will come out of a very hard stretched budget.

LovingLola · 17/07/2020 18:30

@Likefootball
The NHS insurance pays out.
And if the NHS are deemed to be negligent then the affected party is entitled to be compensated.

opinionatedfreak · 17/07/2020 18:42

I was advised by a solicitor friend about litigation. I think they main points were:
use an expert eg. specialist firm/ or firm with a decent sized department covering the area you want to litigate in.

If they are offering no win no fee they think there is a reasonable chance of success and consider whether funding your own fees is likely to avoid the fee cut.

If you get advice that your claim is unlikely to succeed listen - the bar for medical negligence is quite high.

My advice is be aware that ongoing legal action has been associated multiple times with poorer recovery from adverse events. This is thought to be due to the toll the adversarial process takes.

Although if the trust feels that there has been negligence they are highly likely to meet your letter of claim with an offer to avoid the expense / hassle of court.

I'm sorry you find yourself in this position.

TreaterAnita · 17/07/2020 19:00

I’d strongly recommend that you use a firm of specialist solicitors accredited by the charity AvMA - if you google them they have a list of firms broken down by area. All solicitors specialising in this area offer no win no fee agreements - the costs of a private retainer are way too high for most people. They will also arrange insurance to cover the other side’s costs so you will not be out of pocket if you don’t win. In terms of the fee if you win, it varies depending on how risky your case is, the value of the claim and the extent to which you are claiming future losses. I wouldn’t expect to be charged more than 10-15% of damages for all deductions, and you could ask the solicitors you instruct to agree a cap. If your case is likely to be high value you should consider contacting a few firms and playing them off against each other to get the best deal.

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