Frequently Asked Questions
Do you pursue many Cauda Equina Syndrome cases?
A: Our specialist team deal with many Cauda Equina Syndrome claims on a day to day basis and we have a very good success rate for these cases.
Who can I pursue a claim against?
A: You can pursue a claim against any NHS Trust, GP’s and GP Practices. You can also pursue a claim against Private Individuals to include private surgeons, physiotherapists and hospitals. This is not an exhaustive list and we can advise further on a case by case basis. There may be circumstances where a practitioner may have moved, retired or is now deceased, it may still possible to pursue a claim in this instance.
What are my funding options?
A: There are various options of funding available depending upon the individuals circumstances. The main options available to Claimants are:
1) Legal Expenses Insurance - this may be contained within a household legal expenses insurance policy.
2) Conditional Fee Agreement - This is commonly referred to as “no win no fee”
3) Privately funded
What will I be expected to pay?
A: To commence investigations we will need to obtain the relevant medical records. It is dependant upon your funding arrangements as to whether you are responsible for the fee for obtaining these. However, under the terms of the No win No fee agreement you are responsible for the payment of medical records which are usually charged at a maximum of £50.00 (plus VAT if applicable) per healthcare provider.
How long will it take to investigate my claim?
A: Investigations into a potential clinical negligence claim can take between 12 - 18 months to establish whether there is merit in proceeding with a claim. If we can establish whether a claim can proceed then steps shall be taken to present your claim to the potential Defendant. Thereafter, it depends case by case as to when a claim is concluded.
Is there a time limit for bringing a claim?
A: Yes. Under the Limitation Act 1980 you have a period of three years in which to bring a claim for damages in a Court in either England or Wales. However, in the case of a minor or a person who does not have mental capacity to bring a claim then the time periods are different.
Further advice can be provided on a case by case basis.
What is the chance of my case proceeding to Trial?
A: All attempts at settling matters out of Court are pursued without the requirement to attend a full Trial.
Relative to the number of cases that are pursued and successfully settled a very small proportion will actually proceed to a full Trial.
Will my eligibility for any benefits be affected by bringing a claim?
A: No your entitlement to benefits shall not be affected by bringing a claim. In successful claims steps are taken to protect any client’s eligibility for state benefits.
Am I likely to be afforded an apology for my treatment?
A: The only legal remedy is monetary compensation and therefore, an apology is rarely forthcoming. However, in a handful of cases this may be provided.
If an apology is the remedy you wish to obtain then it may be worthwhile pursuing the complaints process and we are happy to help you in this regard.