Medical negligence is an unfortunate reality of modern society. The NHS remains one of the crowning achievements of the UK, despite its various and highly-public issues surrounding management bloat, government underfunding and surging societal need – but any institution, even perfectly-run, would struggle to provide uniform standards of care at such a considerable size.
The result is that, while still incredibly rare, there are those that suffer negligent care when in the care of the NHS. These rare instances, amongst other NHS concerns, are the reason for the existence of NHS Resolution – an independent body that navigates civil claims made against NHS facilities. Of course, not everyone has the same access to justice, outside of those provided by internal investigations. For someone without the available funds to mount a claim for medical negligence, what are the options?
Understanding the Financial Barriers to Legal Action
Taking legal action against anyone can be a costly endeavour. Even in terms of small claims court, where consumer rights issues or professional disputes are often litigated, the ‘cost of entry’ often negates potential compensatory measures. The same can be true of medical negligence cases, where legal costs can eat far into the final compensation amount if proceedings are drawn out.
Indeed, even the initial cost alone can be too much to bear for most. Where compensation could more-than reimburse legal fees spent, the plaintiff in a given civil case would still need the money in advance – a luxury the vast majority do not have. Besides, there is the chance that a civil claim does not go the plaintiff’s way, meaning no reimbursement whatsoever.
Avenues to Justice
There are tangible issues with access to justice in the UK, and these issues remain a stain on what should be one of the more equitable societies in the developed world. But this is not to say that there are no avenues someone can take when seeking justice. The most common forms of access to justice are “no upfront fee” arrangements and “no win no fee” arrangements.
The former enables you access to expert advice and representation without the worry of paying fees before the outcome of your case, and may be an option you can negotiate with a solicitor. The latter describes a situation where the client only pays if their case is successful. No win no fee medical negligence professionals are relatively common, owing in large part to the disproportionate impacts of negligence on working-class citizens.
The Importance of Choosing the Right Legal Representation
Whatever avenue a victim of medical negligence takes, it is crucial that they select a solicitor or law firm with experience in handling medical cases. Further, it is crucial that they consult with a number of solicitors before settling on one, in order to ensure their case will be handling with the respect it deserves.
Challenges of Medical Negligence Claims
Beyond the financial barriers, pursuing a medical negligence claim can be emotionally exhausting. Many victims of medical negligence are already dealing with the trauma of their injury or illness, making the prospect of a lengthy legal battle even more daunting. The stress of reliving painful experiences through medical reports, testimonies, and cross-examinations can deter individuals from seeking justice.
Additionally, legal cases often take years to resolve. The backlog in the UK’s judicial system means that even straightforward claims can face significant delays. During this time, victims may be left without the financial support they need for rehabilitation, specialist treatments, or adjustments to their quality of life.
Despite these challenges, pursuing a claim can be crucial—not just for the individual affected, but for the broader healthcare system. Successful claims help hold medical institutions accountable, leading to policy changes, improved training, and better patient safety measures.
Support networks, legal aid organisations, and advocacy groups can provide valuable guidance for those facing medical negligence. While the journey to justice is far from easy, accessible legal avenues and experienced representation ensure that victims have a fighting chance at fair compensation and systemic change.
