‘…as little jargon as possible…’ What should I expect from medical negligence lawyers?

Martin Hood, Solicitor and Deputy Head of the Medical Negligence team at Jackson Lees (Image: Jackson Lees)

Simply, you should expect clear and understandable advice, with as little jargon as possible. That’s the short version, but I’ve got a whole article to write on this, so I’ll tell you what I mean in a little more detail.

My team and I have been doing medical negligence law for long enough to know that the process feels daunting to new clients, very often at a time of huge upheaval and unhappiness. So, what should you expect, and how should you prepare yourself for it?

No two cases are ever truly the same, but all cases follow a process and a pattern. We’ll need to obtain your medical records, so that we can get into the detail of the treatment that you’re unhappy about. Some cases end there, because it’s clear that the treatment provided was reasonable and responsible.

‘No win, no fee’ agreements often get mentioned in the press with a degree of cynicism, but they are great for enabling people who need legal advice to actually get it. If your case doesn’t succeed, you really don’t pay anything.

So, what else to expect if we’ve got that far? Well, we’ll need to sort out which records are the most relevant, ask you (and any other witnesses) to write down what you can remember of the events, then put that into a witness statement, which you’ll need to sign to confirm that it’s all true and correct.

A huge part of any medical negligence case is the expert evidence. We need to have the records and your witness statement considered by someone who works in the relevant area of medicine, who is experienced enough to be considered an expert in the field. They will be entirely independent, with no conflict of interest. Their duty is to the court, not the lawyers instructing them. In some of the most complex matters we can need four or five experts in different disciplines to pursue the case.

So what happens once we’ve got the medical expert evidence? If there is a case to make, we make it. If there isn’t, we tell you why that is. We deal with the defendant’s legal team and start proceedings off in court if that proves to be necessary.

Cases take an average of 2-3 years to conclude if they’re successful, but there are examples of our work where they have been substantially quicker (and longer) than that, down to the individual circumstances of each case. A huge majority of cases succeed without the need for a trial – in the last 10 years we have only needed to take 3 cases to trial, and we’ve succeeded in each of them.

If you or a loved one has been affected by substandard medical treatment, you may be able to claim medical negligence compensation to help you move on from this mistake and put your life back together.

For a free consultation with one of our legal team call us on 0808 159 8144 or email enquiry@jacksonlees.co.uk or visit our website www.jacksonlees.co.uk.

If you have been injured by a medical professional, we are here to help you.

What we can do for you…

• We deal with cases on a ‘no win, no fee basis’
• We provide a dedicated team of lawyers supported by a doctor, nurse,  midwife and radiographer
• We handle a full range of claims up to life changing injuries or those involving death of a loved one.
• We have male and female solicitors available for sensitive issues
• We can visit you at your home and out of hours if required
• We are independently accredited as experts in this field by the Law Society and AvMA (Action against Medical Accidents).

If you feel you may have been mistreated medically, or if someone you care about has, please contact our dedicated team on 0808 159 8144 for a confidential chat with a legal expert.