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FAQs

Q: What is Medical/Clinical Negligence?

This is where a health care professional such as a doctor, a midwife, a nurse, a dentist, a pharmacist or an optician has provided treatment that is not considered to be reasonable. If the treatment has caused an injury then you would have a claim for clinical negligence..

Q: Will I be entitled to compensation?

If you have suffered an injury or loss because of the negligence of a healthcare professional such as a doctor, a midwife, a nurse, a dentist, a pharmacist or an optician then you will probably get compensation.

Q: Paying Privately

This is the most straightforward method of funding a legal claim but also the least popular. We do the work that you instruct us to do and you pay us for the time that we spend doing your work. If you win your case, we try to recover the costs from your opponents. Unfortunately, if you lose your case you would be responsible for paying your opponents costs, depending on how far you have taken your case. If you drop your case before involving the court (issuing court proceedings) then you will not be responsible for your opponents costs.

Q: How much compensation can I claim?

This will depend on many things including how severe your injuries were , or if you are still suffering, how severe your injuries are, how long your injuries lasted or if still ongoing, how long your before your injuries resolve, and whether you have suffered any other losses such as loss of earnings. Every case is different and we will advise you about your specific circumstances when you contact us.

Q: How long will my case take?

Each case is different and it will depend on how complicated your claim is and how complex your injuries are. It will also depend on how quickly the other side decide to accept responsibility for your inuries. Medical negligence claims can take anywhere from 12 months to 5 years or longer.

Q: How do I know if I can claim?

Payment and Funding

Moosa-Duke Solicitors offer a range of payment and funding options. If you wish to bring a clinical negligence claim, then we will advise you about the payment or funding options which are available to you to enable you to proceed with your claim.

Legal Services Commission (Legal Aid)

Family doctor If you satisfy certain criteria you may be eligible for Legal Aid to pursue a Clinical Negligence claim.

The Legal Services Commission, formerly known as the Legal Aid Board, only allows specialist firms to carry out work for clients under a Public Funding Certificate (Legal Aid). Firms who are allowed to work with clients entitled to Legal Aid have to undergo a rigorous set of quality checks after which, if they are successful, they are awarded a Specialist Quality Mark.

Moosa-Duke Solicitors have been awarded the Specialist Quality Mark by the Legal Services Commission recognising the firm as specialists in this area of law.

Moosa-Duke Solicitors also have a contract with the Legal Services Commission which means that if you are on Income Support, income based Employment Support Allowance or Guaranteed State Pension Credit, we can provide intial advice under the Legal Help Scheme. This means that you will not need to pay for your initial consultation.

After the initial consultation, if your case is one which we consider can be recommended to the Legal Services Commission for detailed investigation, then we will apply for Legal Aid, ( a certificate of public funding) on your behalf.

Contact us and we will tell you if you have a claim and whether you can apply for Legal Aid.

How does Legal Aid work?

If you are granted Legal Aid to investigate your case then the Legal Services Commission will pay for your legal fees and expenses to enable us to carry out the investigations into your case. As you are using public money, the Legal Services Commission must authorise the work that is carried out on your behalf.

How do I know if I will qualify for Legal Aid?

1. Your Means ( Financial Eligibility)

The Legal Services Commission will assess your income and capital and your outgoings. You will need to complete a ‘Means Form’ and this will be submitted to the Legal Services Commission. If you satisfy the ‘means test’ the Legal Services Commission will grant you Legal Aid (as long as you also satisfy the merits test – see below). Depending on your means, if they are above a certain level you may be asked to pay a monthly contribution for the work being done on your behalf. This is repaid if you win the case.

2. Merits

To qualify for Legal Aid, you must also show that your case has a good chance of succeeding. This is where we come in. We will advise you and prepare your application for Legal Aid if, on the information that you have given to us, your case demonstrates issues that need investigating.

No Win - No Fee

No Win No Fee No Win - No Fee agreements are also known as Conditional Fee Agreements. No Win – No Fee generally means that if you lose your case your solicitor will not charge you. However, if you win your case, you will be responsible for your legal costs. The good news is that the loser pays and therefore, your bill will be sent to your opponent for payment if you win.

What if i Lose my case?

If you lose your case, depending on how far you have proceeded with your case, you may be responsible for your opponent's legal costs. We will however advise you of how you can protect yourself against this using what is known as After the Event Insurance (ATE). No win – No fee agreements are complex and we will happily explain these to you without lots of legal jargon. Please feel free to contact us.

It is important to note that not all cases will be accepted under a No Win – No Fee agreement. We will only enter into a No Win – No Fee agreement with you after we have discussed your case with you and considered the facts and merits of your case.

Legal Expenses Insurance - LEI

You may be surprised to learn that you may already have an insurance policy that will cover you for the legal costs of bringing a clinical negligence claim. Many people have a home contents, travel and / or a motor policy that covers legal expenses. We will advise you what to do next if you have this form of cover.