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FAQs – Clinical, Medical and Dental Negligence

  • How long will it take?

On average, it will take 12 months to investigate a claim. Obtaining all of the relevant medical records at the outset and obtaining independent medical evidence takes the most time. At Hay & Kilner, our solicitors work hard to minimise the amount of time taken to investigate a claim. Lack of co-operation by the defendant will add on more time.

  • How much will it cost?

The cost of pursuing a clinical negligence claim differs from case to case. It depends on the amount of work that needs to be carried out by your solicitor, independent medical experts and barristers. The sooner the defendant is willing to discuss settling the case, the lower the costs will be.

  • What funding options are available to pay for clinical negligence claims?

We are one of the few regional practices to hold a clinical negligence franchise, which means that we are able to represent publicly funded (formerly Legal Aid) clients. We also act for clients on a ‘no win, no fee’ basis, privately and with the assistance of before the event legal expenses insurance.

  • Do all doctors stick together?

No at Hay & Kilner, we have a high success rate in recovering compensation  on behalf of our clients. This is only possible due to the honest views of independent doctors who we instruct on your behalf on the treatment you have received.

  • Will it affect my medical care in the future?

Pursuing a clinical negligence claim will not affect the medical care that you are offered in the future.

  • Will I have to give evidence in Court?

There is the possibility that you will have to give evidence in court but this is extremely unlikely as the majority of cases settle before trial If we are able to obtain  supportive evidence from independent doctors in  respect of your claim,  it is likely that your claim will settle and you will receive compensation without having to give evidence in Court.

  • What if I am unsure if I have sufficient reasons to claim for clinical negligence?

Contact us with some basic details and we will be able to advise you.

  • What should I do if I want to bring a claim?

To start your claim, please complete our clinical negligence enquiry form or call us on 0191 232 8345.

To head back to the Clinical Negligence page, click here.