Making a clinical negligence claim can seem like a daunting prospect, but the processes we follow at McHale & Co are designed to make it as simple and stress-free as possible. We know that being the victim of clinical negligence, or knowing someone that has been through something similar, can be extremely difficult, which is why we always take a caring, sensitive and professional approach to claims of this type.

In order to provide you with all of the information you need to know, here we explain what you can expect when making a clinical negligence claim with us, demonstrating why we’re the right choice for you.

 

First steps

Each medical negligence case is different. An orthopaedic claim is not going to follow the same path as a birth brain injury claim, for example. However, the process is fairly consistent, and the amount of time a case takes to finalise is usually between one and two years.

The first step is to assess the claim. Our team of qualified specialists will discuss your initial concerns and evaluate any evidence that you may have before letting you know whether we can take the case on. In the first instance, we may suggest making a complaint to the hospital or medical provider.  This does not cost you anything and you are under no obligation to take it any further should you decide not to.

If we take the case on, we will advise you on how the claim can be funded. We can act on a no win, no fee basis, and we usually top this up with an insurance policy, the terms of payment for which are also no win, no fee.

 

Funding and instructing a medical expert

Once we have taken on the case and set up funding arrangements, we will then apply for your medical records. Once the records are received, we will review them and prepare a chronology. As you can appreciate, there may be copious amounts of records and these need to be shortened down. We then prepare a written statement of the history of your medical treatment, which we ask you to approve.

We will then proceed to instruct an experienced independent medical expert. The instruction will include your medical notes and the finalised statement. The expert will consider whether sub-standard care was provided to you and whether this sub-standard care has in fact resulted in any injury and, if so, to what extent. At this point, we will be able to advise you on whether or not you have a claim that can be pursued and, if so, what compensation you can expect to receive if successful. If we decide the claim cannot go ahead, you owe nothing.

 

Contacting defendants

If the expert is supportive, we will then send a letter of claim to the defendants, who will then have four months to respond with their stance on liability. During this four-month period, the expert will prepare another report after examining you. This report will detail your injuries and provide an estimate of the expected time for you to recover. If the defendant admits they were at fault, we will proceed to settle your claim.

If the defendants deny liability, we will meet with all of the medical experts and a barrister, who also specialises in medical negligence claims, to discuss and agree the best way to pursue the claim. After we have agreed the best course of action, we will then issue court proceedings.

Going to court can be time-consuming and costly, so it is in everybody’s interests to settle the claim. A claim can be settled at any point leading up to the date of the trial through various forms of mediation, including offer letters.

 

Post-claim care

Following the settlement of a case, we are always happy to assist our clients further, be that to answer any further questions or remain as a point of contact. We often find that we have built the trust of our client that we retain them for other services we offer.

If the case has been successful, our clients tend to be very satisfied with the award. If the case was not successful, we will always be happy to be contacted about either the case or any other matter related to it.

 

What makes McHale & Co different to other firms?

We use an innovative app called Incase that enables our solicitors to easily communicate with clients via their smartphone or tablet. The app can be downloaded for free and means clients can remotely sign documents and ensures they always have a record of correspondence with their solicitor.

We also have offices in a number of location, including Altrincham, Stretford, Heywood and London, meaning we can be accessed from all over the UK, with a particularly strong presence in the North West.

Get in touch

If you would like to know more about how our tailored services can best suit your needs, do not hesitate to get in touch. Although based in Greater Manchester, we can provide high-quality legal assistance to those who need it around the UK. Call us today on 0161 928 3848, or fill in the online contact form.

Testimonials

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Very happy with McHale & Co dealing with my Mother’s Deed of Probate and sale of her house, very helpful during a difficult time.

Ms. C Jones

Outstanding service. A breath of fresh air!

Ms. M

I would like to thank McHale & Co Solicitors for their excellent work.
The support Helen provided me with was above and beyond, it was her professionalism and her personal and effective responses which made such a difficult time for me a lot more bearable.
I would have no hesitation in using McHale & Co again and will certainly recommend them to family, friends and colleagues.

Mrs B

On behalf of us both, I’d like to thank you Phillippa, for the support and guidance you have given us throughout this process, your service has been second to none.

Again, thank you so much.

Mr & Mrs M

I would like to thank Roberto for his help and support in dealing dealing with a recent case for my son. He was professional, caring and showed great sensitivity. He went above the cause of duty in his handling of the case. He made a very traumatic and stressful situation easy to bear. I will be eternally grateful to him. He is a great asset to McHale & Co. Once again Thank you.

Ms C

Paul Fitton,

Many thanks for your help.  Very best of advice at all times.

Thank you to all staff.

Mr S and Mrs K

I am very pleased with the help that I received. Thank you. Certainly would recommend.

Mrs G

I have dealt with Paul Fitton both by phone and email regarding advice about getting compensation from a world wide organisation. From the start Paul was professional, knowledgeable, friendly and gave very sound advice too. Plus I won the case. Thank you Paul, very much appreciated

Ms G

Excellent and professional service with clear explanations and guidance throughout. We can thoroughly recommend the firm and in particular Philippa Wright, Head of Wills and Probate.

Mr & Mrs N

A quick, efficient way to ensure your wishes are recorded for end of life. Good advice given and explained in a clear concise manner. Thank you.

Ms E

Michaela was exceptional in both advice and the completion of the will. Michaela was kind, considerate, professional and her manner and personality was one that inspired confidence from the very first meeting, going way above what I expected.

Mrs M

Wonderful service provided by Helen Green – very thorough knowledge. I am extremely satisfied as I was helped through a difficult time when I was uncertain how to go forward.

Mrs C

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