No Win No Fee is blamed for most things now! (For the Republic of Ireland)

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According to recent studies people who suffer harm, pain or loss through negligence when treated by a medical professional in the U.K. are now awarded more compensation per person in Medical Negligence claims than similar people in the supposedly “claim happy” U.S.A! The blame for this amazing statistic is put fairly and squarely on the “ambulance chasing” solicitors of the UK who offer such products as No Win No Fee agreements to entice people to make a claim for compensation.

Let us examine this in more detail. Anyone treated by a medical professional such as a doctor, a consultant, a surgeon, a nurse, a dentist etc is entitled to what is known as a “Duty of Care“. If by the negligence of medical professionals, you are harmed or hurt or injured in their care then you may be entitled to compensation due to the Medical Negligence.

Does this mean to us that the U. K’s legal profession is extremely aggressive, if not too aggressive or does it mean that our Medical profession is making too many errors and mistakes? Or is it a mixture of both these?

What a No Win No Fee agreement gives to everyone is the full access to the law for people that are not that financially well off. Although, No Win No Fee agreements are to be mainly found in the Personal Injury and Medical Negligence area of the law they are also now to be found in employment Law and in other types and kinds of litigation. In a No Win No Fee agreement the solicitor agrees only to charge the client in the event that they win their case for compensation. If they lose then under a No Win No Fee agreement the solicitor will not charge the client. 

A No Win No Fee agreement is a major advantage for people who in many cases are financially struggling after a medical procedure that went wrong or a miss diagnosis. Very often they are either too old or too ill to work and as a consequence money may well be very tight for them.

A No Win No Fee agreement also cuts out the possibility of a medical or dental patient possibly squandering their time and money on a Medical Negligence claim for compensation, as no solicitor in their right mind will take on a scenario where they risk losing and not earning their legal practice fees for fighting the losing case.

What is clear though is that these statistics could high light possibly the poor state of the health service in the U.K. If the rates per capita are higher than in the U.S.A. does this mean that the seriousness of the medical mistakes and the negligence in the U.K. is worth more than the compensation awarded in the U.S.A.?

We have this impression that there are hot shot lawyers in the U.S.A. that only go for the cases that will earn both their client’s huge compensation and themselves outlandish fees for medical procedures that went wrong or a miss diagnosis that caused the client major pain and harm. This may indeed be the case but they seem to be in the U.K. as well! It would certainly seem so as a No Win No fee agreement could it be argued increase the number of people claiming compensation for Medical Negligence but not the increase in per capita.

October 20, 2017 · Tim Kevan · Comments Closed
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