Medical Negligence Claim

Pendsive

I'm not sure if this is the correct forum to post this but would be grateful of any advice.

A parent of mine has recently died and from speaking to others they seem to think that there is a strong case of medical negligence and advised me to get in touch with one of these "no win no fee" solicitors. So I called one online and they stated that there was a case here and in turn put me through to the solicitors that would be dealing with my case. The solicitor then took the details of my case and stated they would have to do a "risk assessment" to see if there is a case here to pursue and that their fee would be paid out of any compensation that was won and nothing would be payable by me if my case was lost and this is stuff that I more or less already expected. Also looking online the law firm seems to be reputable and is a member of a lot of accreditations.

I then started investigating more about "no win no fee" and started seeing a lot of its loopholes which got me really concerned about possible hidden costs that could be passed onto me especially if my case is lost, with things such as solicitors disbursements and certain other costs.

At the moment I have just spoken to the solicitor to give them the facts of my case and a few emails to give additional details of the case etc and in return they have sent me their enquiry form to fill out which I imagine is to get the ball rolling, because in the form they mention that they will take up to 6 months to decide on my case if its decided upon they will send me a CFA (conditional fee agreement) and if signed it would indicate that I am then fully committed to the process unless I cancel with the 14 day cooling off period.

My initial concern though starts now, because if they are going to investigate to see if my case is worth pursuing, they are going to be putting in some work over the coming months to assess this and if after the 6 month period they decide there is no case, could they bill me for the work that has already been done even though no CFA would've been signed?   .

Also when does my agreement with them legally start, with the CFA agreement in 6 months time or with the initial information form that I have now that they want me to send them, that sets my and their obligations out and explains how they work etc or even just with the initial phone call and email where some case facts were given?

I strongly feel that I have a case here but given all the personal grief I have, the last thing I want is to be billed for any work that they have done if they decide I have no real case etc 

Thanks for any replies in advance

Savvy_Sue

I am sorry for your loss. 

You are grieving, and nothing is going to change that and bring your parent back. What would you like to get out of this: some financial recompense, or for this never to happen again? 

If it's the latter, then rather than NWNF solicitors, you could start with your local PALS. It might also be worth googling around to see if other people are raising these issues. 

Whichever way you go, it will be a long slow process. 

Grumpelstiltskin

I would also say don't rush into signing anything, whilst you are grieving it is not the best time to get involved in something that could end up costing you money.

elsien

I agree with Savvy Sue although I would not go through PALS, I would go straight for the formal Nhs complaint via the chief executive.

There will be an NHS complaints advocacy service in your area if you want to support with making a complaint.

You probably also realise this from your research, but if you decide partway through a claim not to continue it will be billed for the work they’ve done so far. so it really depends what outcome you are looking for.

You have 12 months to make a formal complaint and generally up to 3 years to start a claim so either way there is no rush if this is all very new. 

Pendsive

Thanks for the condolences and have actually got some info from a legal advisor that is known to a friend of mine and she has said what elsien said above, that NWNF only becomes an issue if I was to back out of the process once the case has been accepted and the solicitor would've done a lot of work for nothing. Also as a further assurance to get confirmation of this from the solicitor as well..  

LightFlare

I think you have to exhaust all the official complaints processes before instructing a solicitor to investigate a negligence claim.

Its easy to look at outcomes from an emotional perspective as opposed to a informed one (understandably so)

lincroft1710

Don't fall into the "never going to happen again" trap!


The best that could happen (and I stress could) is that there is less chance of this happening again.


Also be aware that "you have a case", does not mean you are guaranteed to win and even if you do the solicitors' fees could well eat up most of the compensation.

Flugelhorn

Some experience of colleagues with NWNF - they put the least qualified / experienced people on researching the case, the letters we saw were almost illiterate and lacked crucial information. The legal reps of those being sued had to advise the NWNF what they had to do and what info they needed to send. 

They seemed to just want those being sued to negotiate a figure to settle - the legal rep of those being sued said "no, see you in court " and the NWNF just faded away and was never heard from again - clearly it wasn't going to be a quick win for them

I felt sorry for those who had gone to the NWNF as they didn't get well advised. The costs were all on the defendants side, the NWNF hardly did a thing 

MEM62

Pendsive said:

Thanks for the condolences and have actually got some info from a legal advisor that is known to a friend of mine and she has said what elsien said above, that NWNF only becomes an issue if I was to back out of the process once the case has been accepted and the solicitor would've done a lot of work for nothing. Also as a further assurance to get confirmation of this from the solicitor as well..  

Sorry for your loss. You need to understand that NWNF forms are the bottom feeders of the legal world.  They are not investigating whether you have a case, they are investigating their chances of winning and whether their fee makes it worth their while.  (The are looking for slam-dunk cases with large payouts)  The work will often be done my someone other than a properly qualified / experienced solicitor.  It is just the way that this business model works. 

You do not say on what basis you feel that you have a claim however, if you feel you have a genuine case then employ a real lawyer.  They will serve you much better.       

LightFlare

Pendsive said:

I'm not sure if this is the correct forum to post this but would be grateful of any advice.

A parent of mine has recently died and from speaking to others they seem to think that there is a strong case of medical negligence and advised me to get in touch with one of these "no win no fee" solicitors.

Who are these “others” do they have any medical and/or legal training ?

Contact PALS and ask if someone would be available to discuss concerns you have over the care of the person would be my suggested first port of call

Pendsive

the others have no real medical or legal training or been through a NWNF case which is why I have dismissed their opinions as being no better than mine and will certainly think about your recommendation.