What Questions Should You Ask Your Medical Negligence Solicitor?

Published
02/09/2018

Medical negligence UK is an unfortunate reality of the healthcare system that is in place at the moment, but thanks to a dependable medical negligence claim system in the nation, most patients/patient parties do get the compensation they need and deserve. However, in some cases, even the most deserving claimants do not get adequate compensation from the NHS or the concerned private institution, because of legal technicalities and inadequate representation by their medical negligence lawyers. Therefore, it is not only advisable, but also quite important that the claimant asks a number of questions to their medical negligence solicitors before actually hiring the agency. If you have recently suffered as a victim of medical malpractice, we advise that you go through the following set of questions to adequately prepare yourself for choosing the best option available.

How Experienced is Your Agency?

The best medical negligence solicitors will have years of experience behind them, which enables them to tackle even seemingly difficult cases with success and speed. This is why, asking how experienced the agency in question actually is should be on top of the list. In fact, if the agency/lawyer really is up to the task, they should be eager to discuss their previous cases with you. Feel free to also ask them if they have dealt with anything similar to your situation before and what their success rate was on such cases.

How Much Should I Expect to Pay?

In the United Kingdom, most medical negligence claims are represented by solicitors with a “No Win No Fee” promise, so basically, you won’t have to pay any fees if you don’t win the case. However, if your lawyer does win the case for you, then they will need to be paid a percentage of the compensation amount as legal representation is a profession after all!

As good medical negligence solicitors won’t generally take up a case unless it has a good chance of winning, you should be mentally prepared to pay the necessary fees from your compensation on winning. Ask what percentage they will charge and if there would be any additional costs that you should be made aware of. The sign of a good lawyer or agency is that they will be clear about everything with you upfront.

How Long Will I Have to Wait for the Claim?

In comparison to other forms of legal dispute, medical negligence claims are more gruelling for the client as the very fact that they are asking for compensation means that they have already been through the worst side of the healthcare system. In a lot of cases, the neglected patient has passed away as a result of medical malpractice or incompetence and the surviving family is only trying to manage the financial damages that the inadequate treatment and loss has wrought upon them. Therefore, it is the client’s right to ask the solicitor, how much time it could take for the claim to go through. Of course, the exact time necessary cannot be predicted in advance, but a rough estimation helps to mentally prepare yourself for the trial to come. Also, keep in mind that experienced medical negligence solicitors are usually able to wrap things up much faster than inexperienced ones.

How Communicable are You?

It may sound strange that you have to ask your potential lawyer this question, but you must understand that big agencies and lawyers deal with multiple cases on a daily basis, so they may not be able to cater to your questions and concerns as often as you would like them to.

This is where an agency like The Medical Negligence Experts stand out since they actually have a dedicated helpline which existing and new clients can utilize to satisfy their queries. So, before you hire them, ask how communicable they are once they are hired and how exactly can you reach out to them when required.

Can You Arrange for Secondary Treatment?

Many clients who sue for medical malpractice are often still suffering due to the effects of the negligence or incompetence. In such cases, it might be a good idea to ask your solicitors if they have a support network for healthcare that you can depend on while the case is still ongoing. A second opinion from another medical institution can also serve as proof of claim in court, so, it isn’t an uncommon question to ask.

Aside from the questions mentioned so far, perhaps the most obvious question to ask would be, “what are my chances of winning the claim?” You have already been through enough, so the last thing you need is to go through all that trouble and come out with nothing. The good news is that in the UK, the rate of success for meritorious medical negligence claims is very high and a solicitor with a “no win no fee” policy won’t waste his/her time with the claim if they didn’t think it has a high chance of winning.