Will I Need to Go to Court to Claim Medical Negligence?

Jack Bookey, Paralegal
Author:
Jack Bookey
Medical Negligence Paralegal
Date:
14/09/2020

Most medical negligence claims in England and Wales are settled without going to Court, so it’s unlikely that you’d have to appear in Court.

Mediation is an effective alternative to a trial in many cases and helps to make sure that less than 1% of cases reach a final Court hearing.

Our expert Medical Negligence Solicitors always aim to work collaboratively with the NHS, rather than against it, to settle claims, so we’ll always push for options such as mediation so claims can be resolved amicably and as quickly as possible.

We want to achieve the best possible outcome on for our clients and make sure the NHS learns lessons for the future, rather than go through a lengthy and costly Court case. But if, for some reason, your case does go to Court, we will support you throughout the entire process.

Contact our Medical Negligence Solicitors for a free claims assessment and we’ll be happy to answer any questions you may have. Ask if we can represent you on a No Win, No Fee basis.

Call us on 08002605010 or request a callback and we will help you.

Taking a Statement

When we begin a new medical negligence claim, we’ll have an initial consultation with you, so we can discuss what happened and how it has impacted on your life. It’s your account of events that will form the basis of the claim and will be relied upon throughout the case.

In all cases, there will come a time where a statement will be required, which will be in a Court-compliant format. This will also include a signed Statement of Truth, in which you declare that everything you say is true to the best of your knowledge.

Often, there can be situations where members of your family or friends who have witnessed events are also asked to provide evidence. But regardless of who’s giving this assistance, please be assured that our Medical Negligence Solicitors will guide you and your loved ones through this process and help you draft a statement that you feel comfortable with.

Is it Likely That I’ll Have to Speak in Court?

No. At the beginning of the case, it’s simply not possible to promise outright that you won’t have to give evidence in Court. But the reality is very few medical negligence cases go to Court, and that in turns means the likelihood of having to speak in Court is slim.

If your case was to continue all the way through to Court, anything you’d have to say would only be based on the Statement of Truth you’ve already provided, and any further questioning will be related. Again, your Medical Negligence Solicitor will support you through this and give as much help as possible.

We should stress that providing evidence isn’t something that you should be afraid of. The reason why you’re in this situation in the first place is because you’ve been the victim of clinical negligence, and been given care and treatment that fell below the standards you’d reasonably expect.

So you should never feel put off telling your story and claiming compensation for your losses. With the right compensation settlement, you’ll be able to access the care, support and rehabilitation you urgently need, without having to worry about what it costs.

At the same time, the legal action you’ve taken may highlight systemic failings within certain NHS departments or Trusts, and give them a valuable opportunity to learn lessons for the future.

For free legal advice call our Medical Negligence Solicitors

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