Choosing the right solicitor to help you with your medical negligence claim is one of the most important decisions that you will have to make. 

If you make the right decision in the beginning, the rest of the claim will proceed as smoothly as is possible.

Medical negligence is profitable and interesting work for solicitors and therefore it will not be difficult to find one who will want to take on your claim. 

But you need to be sure that you choose the right solicitor and that means choosing the one that is most likely to get the result you deserve.

These are some questions that you should ask before entrusting any solicitor with your medical negligence claim.  No solicitor should be in the least bit offended if you ask these questions and you should not consider instructing any solicitor who does not give a satisfactory answer to all of them. 

Fundamental questions for your medical negligence solicitor

  • Is at least one member of the firm a member of the Law Society’s Clinical Negligence Panel.
  • Is at least one member of the firm a member of the AvMA Referral Panel.
  • Does the firm hold a Legal Services Commission Quality Mark (sometimes known as a legal aid franchise)?
  • Will you receive 100% of your compensation if you win your case, and pay nothing if you lose?
  • Which individual solicitor will deal with your case?
  • What are his/her legal and/or medical qualifications?
  • For how long has he/she been dealing with clinical negligence cases and how much experience does he/she have?  Remember that nothing beats experience.
  • Has he/she ever taken a clinical negligence case to trial? Would you want your case to be the first that he/she has taken to a full court hearing?
  • Does he/she deal exclusively with clinical negligence work or does he/she also deal with other types of cases?
  • How many other clinical negligence cases is he/she dealing with.  Less than 30 or more than 50 should be worrying.
  • Will he/she do all of the day to day work on your case or will some tasks be delegated to other people?  If so, which tasks and why?  What are the qualifications and experience of all other people who will be working on your claim.
  • Will your solicitor travel to your home or hospital to visit you if necessary?
  • Will your solicitor be supervised by somebody else of at least equivalent experience? The demands and complexities of modern legal practice, particularly in such a difficult area of law as clinical negligence, are such that all lawyers however experienced and senior must now be subjected to appropriate monitoring and supervision if they are to work consistently to a fully effective and efficient standard.
  • Can you be promised that whatever happens you will never have to pay any money to anybody even if your case has to go to a full court hearing.  If not, why not? (see our COSTS GUARANTEE).
  • Will there be any risk at all that you might have to pay your opponent’s legal costs if the case does not succeed? 

It can be sensible to speak to two or three solicitors first before deciding on the one that best meets your requirements.

It is easy and comforting to choose a lawyer who is friendly, supportive and caring.  However, lawyers should be selected for their expertise and experience in dealing with clinical negligence cases.  You do not choose a lawyer to be your friend.  You do not need somebody who is nice.  You need somebody who is experienced and effective.

Call us now free on 0800 321 3112 for a no cost, no obligation discussion with one of our nurse advisers or complete our online enquiry form.

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