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How To Choose A Medical Negligence Solicitor

If you or one of your loved ones have received medical care about which you are concerned you should seek an opinion from a specialist medical negligence solicitor.

How To Choose A Medical Negligence Solicitor

The outcomes of poor medical care can vary widely; sometimes the results of such an incident can be catastrophic, while for the more fortunate there may only be a period of unnecessary pain and suffering, or a prolonged recovery period. Whatever the outcome, you should seek advice from a specialist medical solicitor.

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How do I find a specialist medical negligence solicitor?

Not everyone who is claiming to be a specialist medical negligence solicitor is in fact a genuine specialist. Some solicitors who have been practising in personal injury law for many years are now trying their hand at medical negligence, and may be very inexperienced in the field.  It is a very different process to run a road traffic accident claim or an accident at work claim than it is to rum a medical negligence claim. To ensure that your chosen lawyer is a specialist, you should find out whether they are on the Law Society’s clinical negligence panel, or on the Referral Panel of AvMA (Action Against Medical Accidents) – the leading medical negligence charity. The Clinical Negligence Team has several such panel memberships and is one of the most experienced and well-respected teams of medical negligence solicitors in the country.

Do solicitors specialise in particular areas of medical negligence?

Another way of testing whether your chosen lawyer is a genuine specialist is to ask if he or she sub-specialises in a particular field or fields. Very few lawyers chose to focus on one area of medicine exclusively, but in the larger, more well-respected firms it is usual for solicitors to develop areas of particular expertise. For example, a solicitor may be a cerebral palsy specialist, dealing with a large number of cerebral palsy claims; similarly, your solicitor may have a particular focus on spinal cord injury claims, or claims concerning the missed diagnosis of cancer. It is always worth asking your lawyer if he or she has dealt with a claim similar to yours before, as this may be an advantage.

Should I choose a solicitor local to me?

While sometimes this may be an advantage, it is not necessary, so long as your solicitor is willing to travel to see you at key points in the case. Many cases are dealt with remotely from where clients live these days and this does not present a problem. At the Clinical Negligence Team, for example, we act for clients all over the country, without any undue difficulty. The key priority is to find a firm of solicitors which genuinely specialises in medical negligence claims, and is experienced and objectively accredited by the Law Society and AvMA.

Are some medical negligence solicitors quicker than others?

Yes. An experienced medical negligence solicitor is more likely to win your case than an inexperienced one, and more likely to do so faster. It is vital that you instruct a solicitor who is familiar with the best medical experts in the various fields of medicine, who knows the best barristers to instruct, and who understands the rules of court procedure which apply to medical claims. At the Clinical Negligence Team we have sometimes had occasion to take over cases from non-specialist firms of solicitors, and very often such cases have faced long and unnecessary delays before we were instructed to act. There is no substitute for instructing a genuine specialist firm if you want the best outcome for your case.

Will I have to pay anything if I lose my case?

No. if you instruct the Clinical Negligence Team and if your case does not succeed for any reason you will not have to pay anything. So pursuing a claim does not carry a financial risk for you. And if you win and receive compensation, the majority of your legal costs will be paid by the losing party.  See our section on funding a claim for further information.

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