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Is there any difference between claiming from the NHS and a private clinic?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Is there any difference between claiming from the NHS and a private clinic?

    One of the most daunting aspects of making a claim for medical negligence is the thought of going up against an organisation such as a hospital or clinic. Even though you may be certain that the treatment you received fell below acceptable standards, and that you suffered as a result, the thought of actually being able to prove these facts when arguing against experts who’ve worked in the field for years can be highly stressful.

    The first response to this is that it underlines exactly why you should use the services of an experienced medical negligence solicitor who has put together cases like this many times before. On top of this there is the fact that, while the details of a medical negligence case may be complex and specialised, the basic principles are fairly easy to follow – you’ve suffered an injury which was caused by the negligence of another party and you deserve compensation for your distress, injuries and any financial hardship.

    Over and above these basic principles, the details of medical negligence cases can vary widely. For some people it’s the fact that a doctor failed to spot an illness or offered a misdiagnosis, whilst others may have been hurt by negligence during surgery or through inadequate aftercare. No matter what the details are, a successful claim for compensation consists of building a compelling case, and this may take some time.

    Whilst there may seem to be a world of difference between a case involving a massive organisation like the NHS and a small private clinic which deals with something like cosmetic surgery, the truth is that, in law, both bodies would be treated in exactly the same manner. In both cases, you would have attended expecting a certain level of care and, having been let down, you would be fully entitled to do something about it. Both the NHS and private clinics have insurance in place that covers any possible compensation payouts that need to be made as a result of medical negligence, so the claims process doesn’t vary much between the two.

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