LEGAL EAGLE: Speak to a specialist lawyer
The solicitor you contacted should be a specialist Clinical Negligence lawyer. The solicitor should be a member of either the Law Society Clinical Negligence Panel or AvMA Panel.
If the solicitor is on one of these panels, contact him again and ask for a clearer explanation. If not, contact a specialist.
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Hide AdThe solicitor should explain clearly what you need to do in order to investigate the treatment. They will obtain your records and X rays. They will then instruct an independent expert or experts to review them and perhaps examine you. The expert will tell you if the fracture should have been diagnosed initially and if it has affected your injury. You need to prove both. If this is the case the solicitor will write to the hospital. If they accept your claim the solicitor will try to agree the compensation with them including any loss of earnings. If they do not accept the claim or if you cannot agree the compensation, court proceedings might have to be issued. Eventually a Judge would decide if the hospital were negligent and if so the level of compensation to be paid.
The solicitor should explain how this would be funded and what it might cost. You may have legal expenses insurance. Alternative funding will usually be in the form of a conditional fee agreement or “no win no fee”. You should also get advice about benefits to replace earnings you have lost.
Generally you have three years from the date that you should have known you might have a claim to issue proceedings at court. It is important that you do not delay.
If you are still unclear about anything ask the solicitor if they have fact sheets or other information you can read to help you understand.
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Hide AdBen Hoare Bell LLP has medical negligence solicitors on specialist panels that can assist with issues like the above.
To speak to a specialist medical negligence solicitor, please phone Ben Hoare Bell on 0191 565 3112 or email [email protected]
Visit www.benhoarebell.co.uk for more information.