For most of the time, our medical profession does a magnificent job in taking care of us when we are ill.

However, doctors and nurses are only human and from time to time, accidents happen and mistakes are made.

When is Compensation Appropriate?

If this happens, what can you do? Would you have the possibility of making a claim for compensation to give you some form of redress for your loss and suffering? Of course, you will need to prove that the medical professional has behaved in a way that attracts liability. Just because the outcome of, for example, a procedure was not all you hoped for, this does not automatically entitle you to compensation. But if the professional behaved in a way that breached their legal duties, or in a way that others would not reasonably have behaved in, there may be compensation available.

Some people query whether they can bring a claim for compensation if they have not actually suffered an injury, rather that the medical professional behaved in an inappropriate way but no harm resulted. For example, a prescription was incorrect or a planned procedure on the wrong part of the body could potentially mean that there is an injury, but the error is noticed before any damage is done. Could the patient make a claim for compensation? Instead, they would need to file a complaint.

How to Proceed

The first step in making a claim is to have an initial consultation with an expert who will assess the merits of your case. Medical negligence cases are not as 'clear cut' as other claims for personal injury, such as road traffic accidents or accidents in the workplace. However, it is worth investigating your options.

There are specially qualified solicitors acting in these sorts of cases who will have expertise and experience in the relevant area of medical negligence and they will be able to advise you of the first steps to take, how to collect the necessary evidence, discuss fees with you and the likelihood of success. They will deal with the paperwork and the negotiations on your behalf.

Is There a Cost?

One note about fees. If you are making a claim against the NHS, it is possible that you may have to agree to a certain fee agreement with your solicitor. The lawyers often ask for a 'conditional fee arrangement' in these circumstances. What is this? This arrangement means that your lawyer will be entitled to an agreed proportion of your compensation. On occasion, a lawyer may ask for fees upfront. However, remember too that certain law firms also offer 'no win no fee' agreements. This means that you would not be liable for their costs if you lose your case. If you win your case, it is usual that the other side bears your costs.